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   State Courts - Colorado - November 23, 2001

  
Hawks v. Agri Sales, Inc., Court of Appeals No. 00CA2045, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 23, 2001, Decided
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Overview: Colorado had most significant relationship to action brought by Kansas employee against Colorado landowner for injuries that occurred in Colorado. Trial court erred by applying Kansas law and granting summary judgment.

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In re Estate of Heckman, Court of Appeals No. 00CA2225, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 23, 2001, Decided
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Overview: Insurance policy that provided benefits for death stemming from occupying private passenger automobile did not cover decedent who received cuts in accident and then died from exposure after leaving the car. Summary judgment was properly granted.

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In re T.L.M., Court of Appeals No. 00CA2201, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 23, 2001, Decided
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Overview: Once trial court ordered parent's arrest records and criminal justice information sealed, trial court erred by not ordering department of social services to comply with the order, as it was also a custodian of the records.

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Merrick v. Burns, Court of Appeals No. 01CA0108, COURT OF APPEALS OF COLORADO, DIVISION A, November 23, 2001, Decided
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Overview: Expert witness who issued a report in connection with a suit by a client against his former attorney was immune from suit when the attorney sued the expert for, inter alia, negligent misrepresentation.

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People v. Friesen, Court of Appeals No. 00CA2220, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 23, 2001, Decided
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Overview: Defendant's equal protection argument regarding the imposition of mandatory parole failed because defendant was not similarly situated with all other defendants convicted of a class four felony offense.

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People v. McMurrey, Court of Appeals No. 00CA0205, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 23, 2001, Decided
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Overview: After defendant was classified as sex offender by DOC, his proper avenue of appeal was against the DOC rather than a motion in the sentencing court for postconviction relief.

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People v. Roybal, Court of Appeals No. 00CA0667, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 23, 2001, Decided
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Overview: Where defendant was convicted of murder and burglary, defendant's statements made to police during five interrogations were voluntary, and although it was 41 hours after arrest before defendant had first advisement, delay was not unnecessary.

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People v. Salas, Court of Appeals No. 00CA0562, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 23, 2001, Decided
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Overview: Because victim's civil settlement was not paid by or on behalf of defendant, defendant was not entitled to offset against restitution award and probation was properly extended for defendant to pay the restitution award.

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People v. Stephenson, Court of Appeals No. 99CA0484, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 23, 2001, Decided
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Overview: Admission of defendant's wife's out-of-court statement violated defendant's confrontation rights. Factors detracting from trustworthiness of wife's statement significantly outweighed factors in favor of trustworthiness.

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People v. Wickham, Court of Appeals No. 99CA2087, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 23, 2001, Decided
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Overview: Trial court did not err in determining that defendant's videotaped confession was voluntary. Defendant's wife's counsel impliedly waived the marital privilege for her by accepting immunity and allowing her to testify.

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