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Romano v. Gibson
Failure to disclose police officer's unrecorded recollection did not prejudice defendants convicted of first-degree murder.
Criminal Law and Procedure May 7, 2001
Catalano v. Commissioner of Internal Revenue
Denial of corporate-level deduction does not entitle business owner to adjustment of individual income.
Taxation May 7, 2001
Jeffers v. Gomez
Court errs in failing to grant prison guards and officials summary judgment motion when they are entitled to qualified immunity for actions.
Government May 7, 2001
U.S. v. Bazuaye
Money laundering involving checks issued by credit card company constitutes crime involving interstate commerce.
Criminal Law and Procedure May 7, 2001
U. S. v. Matthews
Court must examine statutes or copies of convictions when defendant challenges sentence enhancement on basis that previous convictions are not qualifying offenses.
Criminal Law and Procedure May 7, 2001
U.S. v. Garlick
Convictions for separate counts of wire fraud proper where more than one fax transmission were used.
Criminal Law and Procedure May 7, 2001
U.S. v. Ma
Postal employee convicted of theft of undelivered mail properly receives sentence enhancement for abuse of position of trust.
Criminal Law and Procedure May 7, 2001
Krupp v. Breckenridge Sanitation District
Sanitation district's one-time 'plant investment fee' on all new development to pay for pollution to environment not unconstitutional taking.
Constitutional Law May 7, 2001
Flannery v. Prentice
Review granted
May 6, 2001
Schempp v. Lucre Management Group
Intent of a transferee can be imputed to the debtor under the Colorado Uniform Fraudulent Transfer Act.
Real Property May 6, 2001
National Propane Corporation v. Miller
Covenant not to compete breached by loan of money and lease of property to competing business.
Contracts May 6, 2001
Colorado Compensation Insurance Authority v. Industrial Claim Appeals Office
Temporary disability benefits may only be terminated in accordance with statute.
Workers' Compensation May 6, 2001
Sheron v. Lutheran Medical Center
Jury instruction to apportion fault not required when nonparty not designated.
Torts May 6, 2001
People v. Turley
No violation of equal protection where defendants entitled to different number of peremptory challenges.
Criminal Law and Procedure May 6, 2001
People v. Corichi
Competency hearing held fifteen months after trial did not violate defendant's due process rights.
Criminal Law and Procedure May 6, 2001
Colorado Dept. of Health Care Policy and Financing v. Estate of Roberts
Colorado criteria for establishment of disability trust not in conflict with federal law.
Probate and Trusts May 6, 2001
People v. Wright
Trial court violated defendant's double jeopardy rights by increasing amount of a restitution order.
Criminal Law and Procedure May 6, 2001
Fischer-McReynolds v. Quasim
Employer is not liable for failing to accommodate worker who failed to present any evidence that she was perceived as disabled.
Employment Law May 6, 2001
Gallagher v. Board of Trustees for the University
Governmental immunity statute requires employees who allege claims under whistleblower's statute to bring such claims in timely manner.
Employment Law May 6, 2001
Cleveland Indians Baseball v. United States
Award of back wages is taxed in year wages are earned.
Taxation May 6, 2001
Prefer v. PharmNetRx
Party from whom personal property is taken pursuant to replevin order is entitled to return of property upon dismissal of case.
Civil Procedure May 6, 2001
Allen Homesite Group v. Colorado Water Quality Control Division
Review of administrative agency action must be filed within 30 days of administrative ruling.
Administrative Agencies May 6, 2001
Washington v. Ceglowski
Evidence must demonstrate more than single isolated incident of illegal drug activity to sustain conviction for maintaining 'drug house.'
Criminal Law and Procedure May 6, 2001
Chancellor v. Dept. of Retirement Systems
Vacation conversion payments are special wages and not part of employee's base salary for purpose of calculating pension benefits.
Employment Law May 6, 2001
Denver Post Corp. v. Stapleton Development Corp.
Stapleton Development Corporation subject to the Colorado Open Records Act.
Government May 6, 2001
Holbrook Inc. v. Link-Belt Construction Equipment Co.
Products liability suit involving defective log loader is barred by statute of limitations.
Torts May 6, 2001
State v. Gill
Conviction for threatening witness based solely on letter upheld despite lack of jury instruction requiring unanimity of verdict.
Criminal Law and Procedure May 6, 2001
Brandenburg v. Cloutier
Mandatory arbitration rule mandates reasonable attorney fees when party successfully dismisses opposing party's request for trial de novo.
Attorneys May 6, 2001
Alh Holding Co. v. The Bank of Telluride
Although third party lender record's deed of trust before vendor of property, lender does not have priority where it had notice of vendor's unrecorded instrument before acquiring rights to property.
Real Property May 6, 2001
Inlandboatmen's Union of the Pacific v. Dept. of Transportation
Washington ferry agency is required to bargain prior to assigning new position historically performed by union members.
Employment Law May 6, 2001