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   State Courts - Colorado - December 6, 2001

  
Alexander v. McClellan, Court of Appeals No. 01CA0164, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 6, 2001, Decided
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Overview: Deed to grantee did not convey title to any portion of vacated roadways, when upon vacation, the affected alley was considered a separate tract of land, regardless of whether the dedication had created a public easement or a fee simple interest.

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Brucha v. Cruise Am., Inc., Court of Appeals No. 01CA0057, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 6, 2001, Decided
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Overview: Summary judgment denying PIP benefits was reversed, as authorized driver of a motor home and motorcycles, the renter was the named insured under his insurance and rental contract with the insurer.

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Colo. State Bd. of Med. Examiners v. Roberts, Court of Appeals No. 00CA2192, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 6, 2001, Decided
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Overview: Under statute, doctor had to actually receive letter of admonition before the 20-day time period for filing a request for initiation of formal disciplinary proceedings would run.

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Difrancesco v. Particle Interconnect Corp., Court of Appeals No. 00CA0601, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 6, 2001, Decided
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Overview: In patent dispute, court erred in finding that settlement was reached as matter of law as transcript of settlement discussions indicated that parties failed to reach agreement on all material issues, and there was no waiver of right to appeal.

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GE Life & Annuity Assur. Co. v. Fort Collins Assemblage, Ltd., Court of Appeals No. 01CA0081, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 6, 2001, Decided
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Overview: Ex parte motion granting the appointment of a receiver in foreclosure action was reversed, as the deed of trust did not permit such appointment without notice, and the creditor failed to demonstrate exigent circumstances.

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In re Marriage of Schenck, Court of Appeals No. 00CA1467, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 6, 2001, Decided
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Overview: Denial to access of child's educational and medical records was reversed when noncustodial parent received parenting time, and he was entitled to have access to records absent showing of good cause for depriving him of that right.

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Jones v. AIU Ins. Co., Court of Appeals No. 00CA2364, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 6, 2001, Decided
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Overview: There was no distinction between UM and UIM coverage, and limiting UIM benefits to bodily injuries or death sustained by a person insured by the policy did not violate the insurance statute, and was not void as against public policy.

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People ex rel. J.M.N., Court of Appeals No. 00CA2317, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 6, 2001, Decided
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Overview: Failure of juvenile to move for dismissal before the adjudicatory trial began, based upon a violation of his right to a speedy trial, constituted a waver of his speedy trial rights under the 60-day rule.

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People v. Hendrickson, Court of Appeals No. 00CA1024, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 6, 2001, Decided
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Overview: Court did not err in refusing to instruct jury as to entrapment where the defendant denied committing the crime, and therefore, because entrapment was affirmative defense, defendant was not entitled to the instruction.

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People v. Lawrence, Court of Appeals No. 99CA2431, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 6, 2001, Decided
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Overview: Where defendant went to sheriff's office voluntarily, was not handcuffed, was not told he was under arrest, and gave an interview in an unlocked room, his statement was voluntary and therefore admissible.

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