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People v. Zamora
Separate charge of crime of violence not required for filing of charges against juvenile in district court.
Criminal Law and Procedure Mar. 1, 2001
People v. Hoang
Defendant convicted of crime of violence not entitled to sentencing by juvenile court.
Criminal Law and Procedure Mar. 1, 2001
Mile High Greyhound Park, Inc. v. Colorado Racing Commission
Racing commission did not exceed its authority by requiring track owners to install surveillance equipment at their expense.
Administrative Agencies Mar. 1, 2001
Bohrer v. Church Mutual Insurance Co.
Public policy prohibits recovery of post-judgment interest on punitive damage award from insurer.
Insurance Mar. 1, 2001
McCarty v. Kaiser-Hill Co.
Psychologist entitled to immunity from civil action for damages relating to warning given about employee.
Torts Mar. 1, 2001
Synan v. Haya
Service by publication insufficient to assert personal jurisdiction over defendant.
Civil Procedure Mar. 1, 2001
Compton v. Industrial Claims Office
Claimant not entitled to costs for expert witness fees where witnesses were not subpoenaed.
Workers' Compensation Mar. 1, 2001
McCord v. Affinity Insurance Group Inc.
Insured is entitled to assert claim for uninsured motorist benefits even though insured is not party injured.
Insurance Mar. 1, 2001
People v. Miller
Review granted
Mar. 1, 2001
Dudding v. Norton Frickey & Associates
If contingent fee agreement fails, attorney may recover in quantum meruit so long as underlying agreement sufficiently notifies client of such recovery.
Attorneys Mar. 1, 2001
Fisher v. Barnes ( In the Matter of the Estate of Dancer, Deceased)
Will cannot be attributed to decedent where it was not in her hand or signed by her.
Probate and Trusts Mar. 1, 2001
People v. Woodward
Ex Post Facto Clause prohibits retroactive application of statute if it increases applicable punishment for crime.
Constitutional Law Mar. 1, 2001
People v. Garcia
Defendant's 15 minute detention in police car while domestic violence disturbance investigated is not illegal arrest; failure to give Miranda warning prior to requesting consent to search not grounds for suppression.
Criminal Law and Procedure Mar. 1, 2001
Percy v. Fielder (In the Matter of the Title, Ballot Title and Submission Clause)
Supreme Court approves Title Board's actions concerning 'Citizen Management of Growth' initiative.
Constitutional Law Mar. 1, 2001
McCormick v. Union Pacific Resources Co.
Deed reservation for "other minerals" includes oil and gas.
Real Property Mar. 1, 2001
People v. Pitts
Items not described in search warrant or in plain view were improperly seized.
Criminal Law and Procedure Mar. 1, 2001
Springer v. City and County of Denver
City does not enjoy immunity when it constructs a building with a dangerous condition through an independent contractor.
Government Mar. 1, 2001
Albright v. McDermond
Home buyer entitled to refund of deposit when inspection objections are not resolved by deadline provided in contract.
Contracts Mar. 1, 2001
People v. Berreth
Court that erroneously declares a mistrial based on overloaded docket may not order second trial of defendant.
Criminal Law and Procedure Mar. 1, 2001
Prestige Limited Partnership v. East Bay Car Wash Partners
Creditor who incorrectly sued guarantor instead of foreclosing on property may still seek to recover underlying debt.
Business Law Mar. 1, 2001
Wilcox v. Clark
Prevailing party in action for forcible entry and detainer may be awarded attorney fees.
Real Property Mar. 1, 2001
People v. Ellison
Definition of knowledge in Colorado's driving under restraint statute does not violate due process of law.
Criminal Law and Procedure Mar. 1, 2001
Turtle Rock Meadows Homeowners Association v. Slyman (In re Slyman)
In order to prove delinquent homeowners dues are nondischargeable debt homeowners association must demonstrate all elements of common law fraud.
Bankruptcy Mar. 1, 2001
Tillman v. Association of Apartment Owners
Thirty day tolling of time to file notice of appeal not applicable where motion for new trial not filed in timely manner
Civil Procedure Mar. 1, 2001
Shackelford v. Hubbard
Despite erroneous felony murder jury instruction, defendant found guilty of first degree murder by torture where jury found crime committed with malice
Criminal Law and Procedure Mar. 1, 2001
Lower Elwha Band of S'Klallams v. Lummi Indian Tribe
Based on geography of area and judge's lack of reference, Admiralty Inlet is included in Lummi Tribe's usual fishing grounds and stations.
Native American Affairs Mar. 1, 2001
U.S. v. Syrax
Court did not err in refusing to group fraud and money laundering offenses in single group, thus, two level sentence enhancement proper.
Criminal Law and Procedure Mar. 1, 2001
United States v. State of Washington
Fish taken by Chehalis Indian Tribe, which was not party to original fishing- rights treaty, must be attributed to State.
Native American Affairs Mar. 1, 2001
GATX/Airlog Company v. United States
Under Federal Torts Claims Act, FAA has power to issue airworthiness certificates and change certificates through directives within discretionary function exception
Administrative Agencies Mar. 1, 2001
U.S. v. Aragbaye
Court appropriately relies on sentencing guidelines for tax offenses rather than fraud where defendant pleaded guilty to filing false income tax returns.
Criminal Law and Procedure Mar. 1, 2001