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Kutch v. State Farm Mutual Automobile Insurance Co.
Insurer that didn't seek review of arbitration award can't raise policy limit as defense to confirmation.
Insurance Jan. 7, 1997
The Colorado State Board of Accountancy v. Zaveral Boosalis Raisch
Accountant-client privilege bars disclosure of client documents in investigation by State Board of Accountancy.
Administrative Agencies Jan. 7, 1997
People v. Swain
Conviction for driving while ability impaired requires control, but not necessarily movement, of vehicle.
Criminal Law and Procedure Jan. 7, 1997
People v. Luu
Absent prejudice, 2 1/2 year delay between sentencing hearing and imposition of sentence isn't unreasonable.
Criminal Law and Procedure Jan. 7, 1997
Board of Commissioners v. Eason
Award of attorney fees to landowner in abusive zoning prosecution is proper.
Civil Rights Jan. 7, 1997
UNUM Life Ins. Co. of Amer. v. Ward
Certiorari granted
Jan. 7, 1997
U.S. v. Ward
Order
Criminal Law and Procedure Jan. 7, 1997
State v. DeCamp
Evidence is properly admitted if found in officer's plain view, its evidentiary value is immediately apparent, and officer is authorized to be there.
Criminal Law and Procedure Jan. 7, 1997
People v. Craig, Jr.
Court may increase sentence for base offense following appeal, if total sentence does not exceed original.
Criminal Law and Procedure Jan. 7, 1997
State v. Thorne
Jury must consist of 8 persons, not 12, for sentences less than 30 years.
Criminal Law and Procedure Jan. 7, 1997
Hull v. Albrecht
Assistance to Build Classrooms Fund doesn't comply with constitutional mandate for adequate capital facilities statewide.
Education Jan. 7, 1997
Piatt v. State Bar
Attorney is publicly censured for making sexually harassing comments to clients.
Attorneys Jan. 7, 1997
U.S. v. Hatatley
Refusal to instruct on offense of involuntary manslaughter is properly within court's discretion.
Criminal Law and Procedure Jan. 7, 1997
Duvall v. Reynolds
Defense counsel's election to not introduce mitigating evidence didn't constitute ineffective assistance of counsel.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Conley
Sentence enhancement is proper where role in causing getaway amounts to reckless endangerment under Guidelines.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Smith
Protective sweep of detached garage prior to arresting defendant in house doesn't violate Fourth Amendment.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Melton
Sentence enhancement for counterfeiting coconspirator based on money printed after his arrest is improper.
Criminal Law and Procedure Jan. 7, 1997
State v. Brun
Lack of reasonable likelihood of prosecutorial vindictiveness after defendant's motion warrants overturning dismissal.
Criminal Law and Procedure Jan. 7, 1997
Boydston v. Strole Development Co.
Corporation's notice of appeal signed by non-attorney is insufficient to vest jurisdiction in appellate court.
Civil Procedure Jan. 7, 1997
Liberty Mutual Fire Insurance v. Mandile
Provision in underinsured motorist policy that permits appeal of award exceeding responsibility requirement is upheld.
Insurance Jan. 7, 1997
In re Matter of Adrian S.
Participation in delinquency petition hearing doesn't waive right to change same judge assigned to subsequent petition.
Juveniles Jan. 7, 1997
Schwichtenberg v. State of Arizona
Dependant is entitled to credit for time spent after he was erroneously released from prison.
Criminal Law and Procedure Jan. 7, 1997
Consumers International, Inc. v. Sysco Corp.
Enforcement of termination-at-will clause need not be for 'good cause.'
Contracts Jan. 7, 1997
Hill v. Safford Unified School District
School District isn't liable after high school student shoots another student at off-campus location.
Torts Jan. 7, 1997
Crum v. Maricopa County
Treble damages for untimely wage payment to discharged employee are discretionary, not mandatory.
Employment Law Jan. 7, 1997
Foley v. Spears
Order
Criminal Law and Procedure Jan. 7, 1997
Adams v. General Accident Assurance Co.
Order
Insurance Jan. 7, 1997
Taylor v. Ham
Order
Employment Law Jan. 7, 1997
United States v. Orozco-Pena
Order
Criminal Law and Procedure Jan. 7, 1997
City of Grand Junction v. City and County of Denver
Water court has jurisdiction to consider whether federal court's decree is violated by application for refill right.
Civil Procedure Jan. 7, 1997