August 30, 2014

University of Colorado Gun Ban Issue to be Decided by Colorado Supreme Court

As reported yesterday by State Bill Colorado, the Colorado Supreme Court has accepted the University of Colorado’s appeal of the Colorado Court of Appeals’ spring ruling that allowed for concealed weapons to be carried on campus.

CU contends that it has both constitutional and statutory authority to enact safety measures for its campuses, including implementing such a gun ban, which was initially enacted in 1994. Unlike the other state colleges, which have repealed their campus gun bans since the ruling, “CU and its board of regents were created by the original state constitution.”

Following pressure from CU President Bruce Benson, the regents voted 5-4 to appeal the case on June 25, largely along party lines.

Tenth Circuit: Opinions, 10/19/10

The Tenth Circuit on Tuesday issued two published opinions and thirteen unpublished opinions.

Published

In United States v. Rendon-Alamo, the Court affirmed the district court’s sentence for Petitioner. The district court assessed a 16-level enhancement under U.S.S.G. 2L1.2, due to Petitioner’s criminal record including a prior term of imprisonment exceeding 13 months for drug trafficking. Petitioner contends that the sentence enhancement was wrongly calculated and was the product of inappropriate aggregation of his prior prison terms. The Court, however, concluded that the aggregation was not only appropriate, but necessary following the sentencing guidelines commentary provided by the Sentencing Commission.

In Cohen v. Longshore, the Court reversed and remanded the district court’s denial of Petitioner’s motion to file an amended complaint. Petitioner, an immigration detainee at the time, sough to raise claims of false imprisonment and denial of access to the courts in his amended complaint. However, the district court denied Petitioner’s motion to amend for untimeliness, attachment of exhibits, and for futility. The Court found that Petitioner had appropriate reasons for the continued delay in filing his amended complaint, as he was seriously ill and being transferred facilities. Further, the failure to attach exhibits to each copy of Petitioner’s amended complaint is not a sufficiently grievous departure from court rules to deny his requests. Lastly, while the claim might be frivolous, the record contains insufficient evidence to conclude as such.

Unpublished

Griffin v. Romero

Robinson v. Ledezma

Parkhurst v. Pittsburgh Paints Inc.

United States v. Ramirez

Patel v. United States

United States v. Looper

United States v. Collins

Jackson v. Jackson

Gruenwald v. Maddox

United States v. Montoya-Rodriguez

United States v. Cereceres-Morales

United States v. Lindsey

United States v. Pearce

Colorado Supreme Court: Trial Court Determination Granting Bench Trial Instead of Jury Trial Exceeded Jurisdiction

The Colorado Supreme Court issued its opinion in In re People v. McKeel on October 18, 2010.

C.A.R. 21—CRS §§ 18-1-406(2) and 16-10-101—Defendant’s Waiver of Jury Trial Over People’s Objection.

In this original proceeding under C.A.R. 21, the Supreme Court reviewed an order from the trial court granting defendant Todd McKeel a Bench trial over the People’s objection. McKeel sought to waive his right to a jury trial pursuant to CRS § 18-1-406(2), but the People refused to consent pursuant to CRS § 16-10-101. The Supreme Court held that the trial court exceeded its jurisdiction when it determined that a jury trial would subject McKeel to a constitutionally unfair proceeding because he risked impeachment based on his prior felony convictions, which included a conviction for failure to register as a sex offender, and because the evidence at trial would reveal his history of drug use and his status as a confidential informant. Accordingly, the trial court’s order was vacated and the trial court was ordered to set the matter for a jury trial.

Summary and full case available here.