June 20, 2013

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Support Your Favorite Dancing Bar Star and Metro Volunteer Lawyers

March 31, 2011 by Leave a Comment

The theme for the annual Barristers Benefit Ball, which benefits Metro Volunteer Lawyers, is Dancing with the Bar Stars. Yes, you read that right. Four leaders of Colorado’s legal community will compete in a dance-off to be named “Top Bar Star,” but the real winner will be Metro Volunteer Lawyers, which is celebrating its 45th year of providing free and low-cost legal services to people in need.

The lawyers will be judged on their dancing skills, but you can give them a boost by donating now. Each dollar you donate puts your favorite dancer one vote closer to the big win! And all donations benefit Metro Volunteer Lawyers.

Cyndy Ciancio: Learn more about Cyndy or donate now!

John Moye: Learn more about John or donate now!

Vicki Johnson: Learn more about Vicki or donate now!

Hubert Farbes: Learn more about Hubert or donate now!

Note: The 2011 Barristers Benefit Ball has sold out, but the Denver Bar Association is exploring ways for people to attend. If you don’t yet have a ticket, check back with the DBA for options.

Filed Under: Community Tagged With:

Tenth Circuit: Opinions, 3/30/11

March 31, 2011 by Leave a Comment

The Tenth Circuit on Wednesday issued two published opinions and eight unpublished opinions.

Published

In Licon v. Ledezma, the Court affirmed the district court’s decision. Petitioner challenges a Bureau of Prisons (BOP) policy that denies him eligibility for an early release program because he was convicted of felon in possession charges; Petitioner contends that the policy is arbitrary by categorizing every inmate convicted of firearm possession charges as violent offenders. However, the Court concluded that the BOP’s public safety rationale is reasonably discernible and therefore it is not arbitrary and capricious to categorize prisoners convicted of firearm possession as violent offenders.

In United States v. Rausch, the Court affirmed the district court’s decision and sentence. Petitioner appeals his sentence imposed following the revocation of his supervised release, contending that the district court “denied him his right to allocution at sentencing by never asking him personally whether he would like to speak before imposition of sentence.” Because Petitioner did not object to the purported violation of his allocution rights at the revocation hearing, his objection now is reviewed for plain error, or that which affects Petitioner’s substantial rights. The Court found no such plain error to warrant remand; Petitioner has not put forth what he would have said prior to sentencing that would have mitigated his sentence and the two-year sentence was not an abuse of discretion, as the increase beyond the Guidelines reflects the court’s acknowledgment of its prior leniency which was repeatedly disregarded by Petitioner.

Unpublished

United States v. Nolan

Gonzales v. Ledezma

United States v. Jimenez-Valenia

United States v. Huff

Fruitt v. Astrue

United States v. Caraway

Pesik v. Holder, Jr.

Parkhurst v. Lampert

Filed Under: Case Law Tagged With: , , , ,

Governor Hickenlooper Signs Nineteen More Bills into Law

March 30, 2011 by Leave a Comment

On Tuesday, nineteen more bills reached Governor John Hickenlooper’s desk and were signed into law. The bills were the ninth group to emerge from the 2011 General Assembly.

Among the bills was SB 11-040, concerning youth concussion guidelines and in honor of Jake Snakenberg, who died last year due to complications following a concussion. To listen to audio from the signing of the bill, click here.

  • HB 11-1079
    • Sponsored by Rep. Casso and Sen. Jahn. Methods to Reduce the Number of Homeless Youth.
  • HB 11-1083
    • Sponsored by Rep. Swerdfeger and Sens. Giron and Grantham. Concerning the Creation of New Hydroelectricity Projects, Allowing the Public Utilities Commission to Evaluate their Creation.
  • HB 11-1118
    • Sponsored by Rep. J. Kerr and Sen. Carroll. Authorization for the State Auditor to Audit the Performance of State Public Highway Authority.
  • HB 11-1153
    • Sponsored by Rep. Hullinghorst and Sen. Newell. Concerning Juror Service in Terms of Time Length and Procedures.
  • HB 11-1167
    • Sponsored by Rep. Ferrandino and Sen. Nicholson. The Petitioner Process for the Sealing of Certain Drug Records.
  • HB 11-1183
    • Sponsored by Rep. Bradford and Sen. Spence. Requiring that Death Certificate Indicate if the Deceased was Pregnant within Twelve Months Preceding the Death.
  • HB 11-1193
    • Sponsored by Rep. Labuda and Sen. Boyd. Integrated System-of-Care Family Advocacy Programs for Mental Health Juvenile Justice Population.
  • HB 11-1203
    • Sponsored by Rep. Lee and Sen. Nicholson. Requirement that Private Custodians of Criminal Records Remove Records from their Database when Ordered by the Court.
  • HB 11-1226
    • Sponsored by Rep. Conti and Sen. Spence. Concerning Information Provided on a Disabled Veteran’s Property Tax Exemption Application Form.
  • HB 11-1239
    • Sponsored by Rep. Nikkel and Sen. Roberts. A Requirement to Include Additional Information in Bills Pertaining to Criminal Offenses.
  • HB 11-1262
    • Sponsored by Reps. Becker and Levy and Sens. Johnson and Brophy. Procedures to Ensure Transparency in the Bidding of Electric Utilities for the Acquisition of New Generation Facilities.
  • SB 11-010
    • Sponsored by Sen. Tochtrop and Rep. Priola. Concerning the Trade Readjustment Allowance Program.
  • SB 11-016
    • Sponsored by Sen. Grantham and Rep. Barker. Increases in the Amounts Allocated to Certain Family Members During the Administration of a Decedent’s Estate.
  • SB 11-019
    • Sponsored by Sen. K. King and Rep. Stephens. Concerning Payment of the Costs of Health Insurance Coverage to Employees of Small Employers.
  • SB 11-024
    • Sponsored by Sen. K. King and Rep. Looper. Free State Park Admission for Veterans, and the Establishment of Specific Calendar Days with Free Admission to Veterans and Members of the Wounded Warriors Program.
  • SB 11-031
    • Sponsored by Sen. Cadman and Rep. Looper. Concerning Motor Vehicles Valued as Collectors Items for Historical Value.
  • SB 11-040
    • Sponsored by Sens. Spence and Newell and Reps. Summers and Todd. Concerning the Requirement that a Coach of an Organized Youth Athletic Activity Follow Concussion Guidelines, and Creating the “Jake Snakenberg Youth Concussion Act.”
  • SB 11-087
    • Sponsored by Sen. Boyd and Reps. Fields and Beezley. Authority for the Public Utilities Commission to Create an Exemption from Tiered Rate Plans Based on a Customer’s Medical Condition.
  • SB 11-100
    • Sponsored by Sens. Hudak and K. King and Rep. Murray. Continuation of the Council of Higher Education Representatives.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

Filed Under: Legislation Tagged With: , , , , , , , , , , , , , , , , , , ,

Tenth Circuit Online Case Management and PACER Outage Tonight

March 30, 2011 by Leave a Comment

On Wednesday, March 30, both CM/ECF and PACER will be unavailable on the Tenth Circuit’s e-filing system from 6:00 – 7:00 pm.

The PACER Reporting Tools system enables users to obtain, view, and print case records from federal Appellate, District, and Bankruptcy courts via the Internet. The CM/ECF Online Case Management and Filing system is a comprehensive case management system that enables users to file electronically in cases pending before the United States Court of Appeals for the Tenth Circuit.

Filed Under: Updates Tagged With: , , ,

Tenth Circuit: Opinions, 3/29/11

March 30, 2011 by Leave a Comment

The Tenth Circuit on Tuesday issued one published opinion and eight unpublished opinions.

Published

In United States v. Wilgus, the Court reversed the district court’s decision. Petitioner was arrested in 1998 for possessing 141 feathers of bald and golden eagles in violation of the Bald and Golden Eagle Protection Act (Eagle Act), which prohibits possession of the feathers or parts of eagles; the ban allows an exception when the feathers are possessed “for the religious purposes of Indian tribes” and permits are sought. While Petitioner is a follower of a Native American faith, he is not a member of a federally-recognized tribe, nor is he Indian by birth. Petitioner claimed that the government’s decision to limit legal possession of eagle feathers to members of federally-recognized tribes substantially burdens his religious exercise; the district court rejected this argument, and the Tenth Circuit reversed and ordered a hearing on whether the Eagle Act is the least restrictive means of serving the government’s interests. The district court found that the application of the Eagle Act to Petitioner violated his constitutional rights, and the Tenth Circuit again reversed. The Court found that “while [the Religious Freedom Restoration Act] embodies a crucial policy severely limiting the government’s ability to interfere with the ability of citizens to worship as they please, the Eagle Act represents equally important, opposing principles of stewardship, both of natural resources and of the tribal religious cultures to which the United States has unique obligations.” Ultimately, in light of the options available to the government, the Eagle Act represents the least restrictive means available to advance its compelling interests.

Unpublished

Stanko v. Davis

United States v. Javalera

United States v. Angelos

United States v. Roberts

United States v. Samuels, Jr.

Jackson v. Chief of Police

Mitchell v. Howard

United States v. Johnson

Filed Under: Case Law Tagged With: , ,

Protect Your Clients at Denver Metro Shred-a-thon Event

March 30, 2011 by Leave a Comment

Need an easy way to dispose of sensitive client and case information?

Well, in case you missed it the first time around, a second Shred-a-thon event will be held on Saturday, May 14, at five locations in the Denver Metro area.  The event is hosted by the Denver District Attorney’s Office, in conjunction with 9News, Denver Metro Crime Stoppers, and Shred-it®.

Bring up to five boxes of documents to be shredded at the following locations:

  • 9News
    • Speer Blvd. and Logan St., Denver
    • 6 am – 12 noon
  • Arapahoe County Sheriff
    • 13101 E. Broncos Parkway, Centennial
    • 7 am – 12 noon
  • Aurora Municipal Courthouse
    • 14999 E. Alameda, Aurora
    • 7 am – 12 noon
  • Jefferson County Sheriff
    • Jefferson County Parkway, Golden
    • 7 am – 12 noon
  • Westminster PD
    • 9110 Yates St., Westminster
    • 7 am – 12 noon

Donations will be accepted to benefit Denver Metro Crime Stoppers.

Filed Under: Community Tagged With: , ,

Colorado Supreme Court: Phone Left in Locked Convenience Store Restroom Not Justifiably Searched for Information

March 30, 2011 by Leave a Comment

The Colorado Supreme Court issued its opinion in People v. Schutter on March 28, 2011.

Fourth Amendment—Warrantless Search—Contents of iPhone—Lost or Mislaid Property.

The People brought an interlocutory appeal pursuant to section 16-12-102(2), C.R.S. (2010), and C.A.R. 4.1, challenging the suppression of evidence of drug sales discovered following a warrantless search of the defendant’s iPhone. A convenience store clerk turned the phone over to an officer who came into his store shortly after the defendant inadvertently locked it in the store’s restroom, along with the bathroom key. The clerk explained to the officer that he refused the owner’s request to retrieve the phone because he was too busy at the time, and that the owner left when he was told he would have to come back later. The district court found that the defendant had no intent to abandon his iPhone, and even assuming it could be characterized as lost or mislaid property, the police exceeded the permissible scope of a search for identifying information by reading several of his text messages.

The supreme court affirmed, holding that under the circumstances of this case, the iPhone in question could not be fairly characterized as abandoned, lost, or mislaid such that the police would have had any justification for searching it for identifying information.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , ,

Colorado Supreme Court: Venue Proper in County of First Vote When Charge is Voting Twice

March 30, 2011 by Leave a Comment

The Colorado Supreme Court issued its opinion in People v. Shackley on March 28, 2011.

Criminal Law—Venue—Voting Twice

The supreme court reverses the trial court’s order transferring venue from Arapahoe County to Adams County. Arapahos County prosecutors charged defendant with voting twice in violation of section 1-13-710, C.R.S. (2010). Upon the defendant’s written motion, the Arapahoe County Court transferred the case to Adams County, the location of the second vote. The court holds that casting the first of two votes is an “act in furtherance” of the offense of voting twice; thus, venue is proper in Arapahoe County under section 18-1-202(1), where the first vote was cast. The court therefore reverses the trial court’s order granting the change of venue and remands with directions to return the case to Arapahoe County.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , ,

Colorado Supreme Court: State Engineer’s Orders Curtailing Well Owners’ Use of Water in Their Wells Is Not a Taking

March 30, 2011 by Leave a Comment

The Colorado Supreme Court issued its opinion in Kobobel v. State of Colorado on March 28, 2011.

U.S. Const. amend. V and XIV—Colo. Const. art. II, sec. 15—Water Law—Inverse Condemnation—State’s Cease and Desist Orders Curtailing Tributary Groundwater Well Pumping—Water Court Jurisdiction

The supreme court affirms the water court’s dismissal of plaintiffs’ inverse condemnation claim. The court holds that the well owners’ claim is a water matter within the exclusive jurisdiction of the water court because it is predicated on the well owners’ right to use the water in their decreed wells. The court further holds that the state engineer’s orders curtailing the well owners’ use of the water in their wells did not constitute a taking in violation of article II, section 15 of the Colorado Constitution or the Fifth and Fourteenth Amendments to the U.S. Constitution. The cease and desist orders simply curtailed the well owners’ out-of-priority diversions consistent with Colorado’s prior appropriation doctrine. Because the well owners cannot show that the State infringed on a constitutionally protected property right, they are not entitled to just compensation for the “taking” of that alleged right.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , ,

Tenth Circuit: Opinions, 3/28/11

March 30, 2011 by Leave a Comment

The Tenth Circuit on Monday issued one published opinion and ten unpublished opinions.

Published

In United States v. Garcia, the Court affirmed the district court’s decision and sentence. Petitioner was convicted of knowingly making false statements to a federally licensed firearms dealer; she alleges that the district court abused its discretion by admitting portions of a Bureau of Alcohol, Tobacco, and Firearms (ATF) agent’s expert testimony and erred by imposing a four-level sentencing enhancement for arms trafficking. The Court determined that the ATF agent’s testimony was properly admitted because the statements provided the jury a critical connection between Petitioner’s acts and her state of mind. Additionally, “the district court had ample circumstantial evidence from which to infer [Petitioner] knew or had reason to believe the arms she purchased were destined for individuals who would dispose of them unlawfully,” which supports the sentencing enhancement.

Unpublished

McDowell v. Zavaras

Morales, Jr. v. Jones

United States v. Kernan

Harris v. Matthews

Frazier v. Ortiz

United States v. Kirby

Stauffer, Jr. v. Higgins

Marlin Oil Corp. v. Lurie

United States v. Smith

Grenier v. Hartley

Filed Under: Case Law Tagged With: , , ,

Denver County Court Closed Two Days this Week

March 28, 2011 by Leave a Comment

The Denver County Court will be closed Monday, March 28, in observance of the Cesar Chavez holiday, and Friday, April 1,  for a previously-announced, budget-required furlough day for City employees. Friday is the second of five planned furlough days this year.

The state-operated Denver District Court, Juvenile Court, and Probate Court will be open both days.

For a full list of City and County of Denver office closures, click here.

Filed Under: Updates Tagged With: , ,

Governor Hickenlooper Signs Thirteen More Bills into Law

March 28, 2011 by Leave a Comment

At the end of last week, thirteen more bills reached Governor John Hickenlooper’s desk and were signed into law. They comprised of the seventh group and eighth group of bills to emerge from the 2011 General Assembly.

  • HB 11-1187
    • Sponsored by Rep. Sonnenberg and Sen. Brophy. Exempting from the State Personnel System the Employment of People Operating the Public Golf Course.
  • HB 11-1053
    • Sponsored by Rep. Solano and Sen. Steadman. Court Proceedings Initiated to Compel a Minor to Attend School.
  • HB 11-1074
    • Sponsored by Rep. Gerou and Sen. Jahn. School of Mines Funding of Financial Aid.
  • HB 11-1089
    • Sponsored by Rep. Conti and Sen. K. King. Authority of State Charter School Institute to Act as an Educational Agency when Reviewing Grant Applications.
  • HB 11-1122
    • Sponsored by Rep. S. Schafer and Sen. Jahn. Technical Modifications to the Process by which a Home Rule Charter is Submitted to a Vote.
  • HB 11-1144
    • Sponsored by Rep. Solano and Sen. Tochtrop. Concerning Fetal Alcohol Spectrum Disorders and the Expansion of the Commission to Propose Further Health Risk Warnings.
  • HB 11-1161
    • Sponsored by Rep. Gerou and Sen. Hodge. Extension through 2012 for the Use of Highway Users Tax Money Fund for Vehicle Services with the DMV.
  • HB 11-1176
    • Sponsored by Rep. Ramirez and Sen. Renfroe. Exemption of Crude Oil from Designated State Patrol Routes for Transportation of Hazardous Materials.
  • HB 11-1016
    • Sponsored by Rep. Summers and Sen. Boyd. Prohibitions Against Furnishing Tobacco Products to Minors.
  • HB 11-1260
    • Sponsored by Rep. DelGrosso and Sen. Jahn. Due Dates for Tax Installment Payments that Fall on Legal Federal Holidays.
  • SB 11-012
    • Sponsored by Sen. Brophy and Rep. Massey. Public School Student’s Authority to Possess Prescription Drugs at School.
  • SB 11-021
    • Sponsored by Sen. Nicholson and Rep. Looper. Removal of Term Limits for the Water and Wastewater Facility Operators Certification Board.
  • SB 11-096
    • Sponsored by Sen. Steadman and Rep. McCann. Excluding a Class 6 Felony Drug Possession Conviction from Qualifying as a Habitual Criminal Statute.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

Filed Under: Legislation Tagged With: , , , , , , , , , , , , ,
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