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   State Courts - Colorado - December 19 - December 20, 2002

  
Bd. of County Comm'rs v. Kobobel, Court of Appeals No. 01CA2450, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 19, 2002, Decided
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Overview: In public road dispute, county commissioners' summary judgment was reversed because landowners' evidence raised material questions of fact; question of abandonment or nonabandonment could not be determined on summary judgment basis.

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Buckley Powder Co. v. State, Court of Appeals No. 00CA2265, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 19, 2002, Decided
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Overview: The existence of the state's statutory opt-in refund program did not preclude certification of a taxpayer class for the purpose of refunding taxes unconstitutionally collected by the state.

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Camack v. Camack, Court of Appeals No. 01CA1816, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 19, 2002, Decided
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Overview: Decree of dissolution incorporating a separation agreement that awarded joint tenancy property solely to the husband was self-executing and extinguished the wife's interest in the residence; thus, the property belonged to the husband's successors.

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Farmers Alliance Mut. Ins. Co. v. Ho, Court of Appeals No. 02CA0231, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 19, 2002, Decided
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Overview: Where an injured person brought a personal injury action against a garage owner who took a customer's car after business hours while intoxicated and caused the collision, the court properly found insurance coverage under the garage business policy.

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In re Marriage of Tagen, Court of Appeals No. 01CA0404, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 19, 2002, Decided
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Overview: No statute prevented the trial court from directing one spouse to pay public employee retirement pension benefits to the other after divorce when the parties had not reached an agreement, and child support and maintenance were properly awarded.

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Pedge v. RM Holdings, Inc., Court of Appeals No. 01CA2239, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 19, 2002, Decided
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Overview: The trial court erred by holding unidentified or unknown persons could not be designated as nonparties pursuant to a state pro rata apportionment statute in a personal injury lawsuit.

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People v. Laurson, Court of Appeals No. 01CA1848, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 19, 2002, Decided
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Overview: Defendant's 30-year sentence for criminal solicitation to commit second degree murder was affirmed because the offense was subject to enhancements to the presumptive sentencing range both as an extraordinary risk crime and a crime of violence.

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People v. Taylor, Court of Appeals No. 01CA0716, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 19, 2002, Decided
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Overview: In escape case, defendant not entitled to relief; he was on notice he could be liable if he failed to remain within limits of intensive supervision parole confinement and knew he could be prosecuted for felony escape if he left over 24 hours.

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People v. Varallo, Report, No. 02PDJ045 cons. 02PDJ057, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 20, 2002, Decided
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People v. Varallo, Case Number 02PDJ045 consolidated with 02PDJ057, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, December 20, 2002, Decided
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Overview: Disbarment was required where the attorney knowingly converted client funds, abandoned and intentionally deceived them, made false statements to the court, and there were other instances of failure to communicate and participate in proceeding.

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