May 20, 2018

Archives for July 21, 2011

Vote CBA-CLE Legal Connection the 2011 Barrister’s Best

Law Week Colorado’s Barrister’s Best is back for 2011 and we need your help!

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Tenth Circuit: Inmate’s First Amendment Challenge of Ban on Distribution of Pornography in Prison Dismissed as Constitutionally and Prudentially Moot

The Tenth Circuit Court of Appeals issued its opinion in Jordan v. Sosa on Wednesday, July 20, 2011.

The Tenth Circuit dismissed Petitioner’s claims as moot. Petitioner was incarcerated in solitary confinement at the administrative maximum security facility in Florence, Colorado when he commenced this action. He brought a civil-rights action for a declaratory judgment and injunctive relief against specifically named officials of the Federal Bureau of Prisons to challenge the constitutionality of a statutory and regulatory ban on the use of federal funds to distribute to federal prisoners commercially published materials that are sexually explicit or feature nudity. Following a two-day bench trial, the district court held that the ban did not violate the First or Fifth Amendments to the United States Constitution. Petitioner now appeals the district court’s rejection of his First Amendment claims.

The Court concluded that Mr. Jordan’s subsequent transfer to other prison facilities has rendered his First Amendment claims moot. “[Petitioner]’s claims are constitutionally moot: [the Court] cannot accord him prospective relief that would have any effect in the real world. Moreover, even if [the Court] were to conclude that [Petitioner]’s challenges were not constitutionally moot, considerations of prudence and comity would lead [the Court] to stay [its] hand in resolving them on the merits. In other words, [the Court] would conclude that his claims are prudentially moot.” The Court, therefore, dismissed Petitioner’s appeal.

Tenth Circuit: Unpublished Opinions, 7/20/11

On Wednesday, July 20, 2011, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.


Grossman v. Fannie Mae

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Colorado Court of Appeals: Announcement Sheet, 7/21/11

On Thursday, the Colorado Court of Appeals issued four published opinions and forty-three unpublished opinions.


People v. Gregg

People v. Esparza-Treto

People v. Chavez

Club Matrix, LLC v. Nassi

Summaries of published cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Denver Attorney Derek Blass Publishes First Novel, Enemy in Blue; Signing Party Next Week

According to Law Week Colorado, Derek Blass, an associate at Messner & Reeves, will have a book release and signing party next week to celebrate the publication of his first novel, a police thriller entitled Enemy in Blue.

A signing party will take place on Wednesday, July 27, 2011 from 5:30 to 7:30 pm at the Ice House Tavern, 1801 Wynkoop Street in LoDo.

The press release from Rogue Books has this to say about the novel:

The story begins with the videotaped murder of an illegal immigrant by an allegedly racist police officer. The murder draws Cruz Marquez, a young lawyer, into an action-packed journey to preserve the evidence. His success depends on surviving the Chief of Police’s sinister plotting, assassination attempts by a deranged hit man, and the raw force of Sergeant Shaver  —  his enemy in blue.

Blass is a 2005 graduate of the University of Denver Sturm College of Law. He specializes in civil litigation but also has transaction experience, working with public and private companies on securities, acquisition, contract and formation issues. A proficient Spanish-speaker, Blass is developing his practice representing members of the Latino/a business community; he is the 2011 recipient of the Colorado Hispanic Bar Association’s Outstanding New Hispanic Attorney Award.

Upcoming Solo/Small Firm Monthly Networking Meetings: August 2011

The Solo/Small Firm Section networking meetings are a great opportunity to connect with your peers, as well as a practice management and technology discussion forum.  The meetings are open to all CBA members, not just members of the Solo/Small Firm Section, the sponsoring entity.  Colorado Springs routinely offers CLE credits, although sometimes there is no formal agenda, and no RSVP is required to attend any of the meetings.  You are encouraged to think about and prepare questions or ideas to present to the group.  Don’t hesitate to e-mail a meeting coordinator to suggest a CLE topic and/or speaker!

  • Colorado Springs
    • August 3 (First Wednesday of every month)
    • Luncheon at 11:30 am, CLE at 11:45 am
    • CLE: 60 Minutes to a Paperless Office presented by Tomasz Stasiuk.
      • 1 General CLE credit
    • Ritz Grill, 15 S. Tejon, Colorado Springs, CO, (719) 635-8484
    • Contact Jim Duve, (719) 578-5800,, or John Holcomb, (719) 548-8968,
  • Downtown Denver
    • August 9 (Second Tuesday of every month) – NEW GROUP!
      • Happy Hour at 5:30 pm
    • Stoney’s Bar and Grill, 1111 Lincoln St., Denver, CO (303) 830-6839
    • Contact Jennifer D. McGinn, (720) 362-3000,
    • There is no parking at the bar but there is free 2-hour parking up one block on Sherman St. and there is a garage directly across the street from the bar on Lincoln St.  There is also plenty of metered parking on Lincoln.
  • Denver Tech Center Area
    • August 12 (Second Friday of every month)
      • Brown Bag Lunch at noon
    • Law Offices of Julian Izbiky, 7400 E. Caley Ave., Suite 300, Centennial, CO (303) 850-7080
    • Contact Phil Shuey, (303) 680-2595,
    • Exit I-25 and go west on Orchard and turn south on Quebec (or exit I-25 and go west on Arapahoe and turn north on Quebec).  From Quebec, turn east on E. Caley Ave.  The building is on the right, not far from Quebec.

Dates are subject to change; however, they will occur as scheduled unless prior notice has been sent to the Section membership via e-mail.  Please check this website on a regular basis.

Supreme Court Amends Colorado Rules of Civil Procedure Regarding Judge Advocates and Attorney Discipline, and Adds New Rules Regarding Law after Disasters, Legal Aid Clinic Externs, and a Lawyer Assistance Program

The Colorado Supreme Court has made several amendments and additions to the Colorado Rules of Civil Procedure. The Court has amended the rules regarding temporary admission to the state bar for judge advocates in the military as well as the grounds for discipline for attorney misconduct. Also, the Court has approved the addition of three new rules regarding the provision of legal services following a major disaster, legal aid clinics and externs, and establishing a Lawyer Assistance Program.

CRCP 201.3(3), Rules Governing Admission to the Bar – Classification of Applicants, was amended to read as follows (new language appears in bold):

A full-time commissioned officer and judge advocate of the military services of the United States stationed in this state may be temporarily admitted to the Bar of Colorado, upon request of his or her commanding officer. Such admission shall be solely for the purpose of practice and court appearance in his or her capacity as a judge advocate and shall continue only as long as he or she is serving as a judge advocate in Colorado, except that the attorney shall also be allowed to act as a pro bono/emeritus attorney as described in C.R.C.P. 223(1) below without further application or fee.

CRCP 224, Provision of Legal Services Following Determination of a Major Disaster, was added to the Rules. The rule outlines the procedures for the temporary practice of law by otherwise unauthorized attorneys in Colorado following a major emergency disaster in Colorado or another jurisdiction. The complete rule can be read here.

CRCP 226.5, Legal Aid Dispensaries and Law School Externs, was added to the Rules. The rule outlines the authorization process for law students who work for legal aid clinics to give legal advice to clients and appear before courts on their behalf. The complete rule can be read here.

CRCP 251.5(b), Grounds for Discipline, was amended to read as follows (revised language appears in bold):

Any criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; provided that conviction thereof in a criminal proceeding shall not be a prerequisite to the institution of disciplinary proceedings, and provided further that acquittal in a criminal proceeding shall not necessarily bar disciplinary action;

This language replaces the following, which has been removed from the revised rule:

Any act or omission which violates the criminal laws of this state or any other state, or of the United States

CRCP 254, Colorado Lawyer Assistance Program, establishes an independent program to assist attorneys and judges who are impaired, begin or continue recovery, and protect the interests of clients and the public. The COLAP services will include assistance to members of the legal profession who suffer from physical or mental disabilities resulting from disease, disorder, trauma, or age and that impair their ability to practice, educating members of the bar about such issues to raise awareness, planning interventions, and providing aftercare services. The complete rule can be read here.

Click here to read the full release, Rule Change 2011(10), regarding all changes to the Colorado Rules of Civil Procedure.