June 20, 2018

Archives for March 16, 2012

Colorado Court of Appeals: Announcement Sheet, 3/15/12

On Thursday, the Colorado Court of Appeals issued fourteen published opinions and forty-six unpublished opinions.

Published

People v. Ujaama

People v. Nelson

People v. Finney

People v. Casias

People v. Vecellio

People v. Estes

Colorado Ethics Watch, v. Clear the Bench Colorado

Crow, M.D. v. Penrose-St. Francis Healthcare System

People v. Welliver

In re 2010 Denver County Grand Jury, and Concerning the Grand Jury Report Issued December 8, 2010

National Farmers Union Property and Casualty Company v. Garfinkel

Young v. Bush

Guido v. Exempla, Inc.

Kowalchik v. Brohl

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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.

SB 12-144: Empowering and Instructing the Office of Economic Development and International Trade to Grow Key Industries in the State

On January 31, 2012, Sen. Rollie Heath and Rep. Ken Summers introduced SB 12-144 – Concerning Efforts by the Colorado Office of Economic Development to Grow the State’s Key Industries. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the Colorado office of economic development to develop a strategy to grow key industries located in the state. In creating the strategy, the office will facilitate the creation of, and collaborate with, a key industry network working group, comprised of various stakeholders, for each of Colorado’s key industries. A working group is tasked with developing and implementing a 3-year business plan to grow its key industry, which business plan will be incorporated into the office’s key industries strategy. The office must annually report its progress to the general assembly. On February 13, the Business, Labor and Technology Committee referred the unamended bill to the Appropriations Committee to determine any fiscal impact on the state.

Summaries of other featured bills can be found here.

SB 12-143: Creation of an Electronic Database of Local Businesses by the Office of Economic Development and International Trade

On January 31, 2012, Sen. Morgan Carroll and Rep. Dan Pabon introduced SB 12-143 – Concerning the Development of a Local Businesses Database By the Colorado Office of Economic Development. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the Colorado office of economic development to create, by 2014, an electronic database of local businesses in Colorado. Such businesses are included in the database upon a business submitting certain information about the business, certifying that the business is a local business, and filing a fee with the office. The fee and any other moneys received for developing or maintaining the database must be deposited into the newly created local business database fund.

A person may access the database free of charge. The office is also tasked with developing downloadable mobile application software, commonly referred to as an “app”, by which a person may access the database. The bill cleared the Senate on March 5 and has been assigned to the State, Veteran, and Military Affairs Committee in the House; the bill is on the calendar for Thursday, March 22 Upon Adjournment.

Summaries of other featured bills can be found here.

HB 12-1233: Allowing Court to Issue Legal Separation Decree Without Appearance of the Parties

On February 6, 2012, Rep. Jeanne Labuda and Sen. Morgan Carroll introduced HB 12-1233 – Concerning the Ability of a Court to Enter a Decree of Legal Separation In Certain Circumstances Without the Appearance of the Parties. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

CBA-sponsored legislation – Family Law Section

In a dissolution of marriage action, if there are no children of the marriage and the parties have entered into a written agreement concerning the division of marital property, a court may enter a degree of dissolution by affidavit, without the appearance of the parties. The bill aligns the process for parties seeking a legal separation by permitting a court to enter a decree of legal separation, under the same conditions, without the appearance of the parties. The bill has cleared the legislature and will be arriving on the governor’s desk in a few days.

Summaries of other featured bills can be found here.

HB 12-1229: Clarifying Publication Requirements for Certain Legal Notices

On February 6, 2012, Rep. Carole Murray and Sen. Mark Scheffel introduced HB 12-1229 – Concerning Publication Requirements for a Newspaper in Which a Legal Notice or Advertisement is Printed. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill defines the term “published” for purposes of publishing legal notices and specifies that, in circumstances where there is no newspaper published in a particular county or an adjoining county, a legal notice may be published in a newspaper having general circulation within the county. The bill passed the House on February 21; it has been assigned to the Local Government Committee. The Local Government Committee will hear the bill on Tuesday, March 13 at 2 p.m.

Since this summary, the bill passed unamended out of the Local Government Committee and was moved to the Consent Calendar for the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1226: Addition of Surcharge to Crimes Against At-Risk Individuals to be Allocated to New Surcharge Fund

On February 6, 2012, Rep. Mark Barker and Sen. Irene Aguilar introduced HB 12-1226 – Concerning a Surcharge on Persons Convicted of Crimes Against At-Risk Persons, and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill imposes a surcharge on persons convicted of crimes against at-risk adults and at-risk juveniles. Once collected, the surcharge is transferred to the crimes against at-risk persons surcharge fund. The state office on aging shall distribute moneys from the fund to a fiscal agent who will oversee the award of moneys to programs that provide respite services for caregivers of at-risk adults or at-risk juveniles. Programs receiving moneys from the fund must comply with provisions concerning the use of funds and reporting requirements.

The court is permitted to waive some or the entire surcharge if the person convicted of the crime is indigent or unable to pay the surcharge. The surcharge applies to offenses committed on or after July 1, 2012. The bill passed 2nd Reading on Friday, March 9.

Since this summary, the bill passed the Third Reading in the House.

Summaries of other featured bills can be found here.

HB 12-1224: Establishing Colorado Communications Systems Authority and Creating Consolidated Communications Fund

On February 6, 2012, Rep. Jon Becker and Sen. Kent Lambert introduced HB 12-1224 – Concerning the Creation of a Consolidated Communications System Authority. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee

The bill creates the consolidated communications system authority. The bill defines the membership of the authority as the entities that use the statewide digital trunked radio system as their primary means of public safety wireless communication:

  • Law enforcement agencies and fire departments;
  • A licensed ambulance or emergency medical service;
  • School districts or schools;
  • Agencies of a city, county, city and county, special district or other political subdivision of the state;
  • Agencies of an Indian tribe;
  • Agencies of the state or federal government; and
  • Persons or entities eligible to hold an authorization in the public safety radio pool pursuant to rules of the federal communications commission.

The bill defines the purposes of the authority to include:

  • Advising the governor and the general assembly of the development, maintenance, upgrade, and operation of the system;
  • Representing its members in matters concerning technology, rules, spectrum allocations, and radio frequency licensing;
  • Identifying and reporting on operational and capital infrastructure and technology needs of the system;
  • Identifying and reporting on funding options for system sustainability; and
  • Soliciting and receiving appropriations, grants, and other moneys to expand, upgrade, and operate the system.

The bill specifies that the authority shall not assess any fee on its members or take any assets owned by a member without prior agreement. The bill terminates the authority on July 1, 2018, unless extended through the sunset review process. The bill also specifies that the income and property of the authority are exempt from all state and local taxes and assessments. The bill has moved through the House and has been assigned to the Appropriations Committee in the Senate.

Summaries of other featured bills can be found here.

HB 12-1223: Allowing Earned Time for Inmates Jailed Due to Parole Violations and Allowing Time for Exceptionally Good Conduct

On February 6, 2012, Rep. Claire Levy and Sen. Pat Steadman introduced HB 12-1223 – Concerning Earned Time for Inmates. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee bill

The bill renders an offender who is sentenced and paroled for a felony offense committed after July 1, 1993, eligible to receive earned time while he or she is reincarcerated after a parole revocation.

An offender who successfully completes an educational, vocational, therapeutic, or reentry program, or who demonstrates exceptional conduct that promotes the safety of correctional staff, volunteers, contractors, or other persons under the supervision of the department of corrections, may be awarded as many as 60 days of achievement earned time, at the discretion of the executive director of the department of corrections, in addition to any earned time that is already authorized by law. Assigned to the Judiciary Committee; the bill is on the calendar for Tuesday, March 13 at 1:30 p.m.

Summaries of other featured bills can be found here.

HB 12-1213: Removing Escape Penalties from Enhanced Sentencing for Habitual Offenders

On January 30, 2012, Rep. Rhonda Fields and Sen. Steve King introduced HB 12-1213 – Concerning the Penalty for a Person Who Escapes From a Place of Confinement Other Than a County Jail or Correctional Facility. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, a person convicted of any class 1, 2, 3, 4, or 5 felony who has been convicted of two felonies within the previous ten years, or who has been convicted of three or more felonies within any time frame, may be adjudged a habitual criminal. The bill removes the opportunity to adjudicate an offender a habitual criminal if convicted of escape or attempt to escape from a place other than a county jail or a correctional facility. The bill was approved by the Judiciary Committee on February 23 and is assigned to the Appropriations Committee for consideration of any fiscal impact to the state.

Summaries of other featured bills can be found here.

Proposed Rule Change to Colorado Rules of Criminal Procedure 32.2(c)(1)

The Colorado Supreme Court is proposing changes to Crim.P. 32.2(c)(1) an is seeking comments on the amended rule. The revised rule will read:

(c)  Appellate Procedure.

(1) Unitary Notice of Appeal.  The notice of appeal for the direct appeal and the notice of appeal for all post-conviction review shall be filed by unitary notice of appeal in the supreme court no later than WITHIN 7 days after the trial court’s order on post-conviction review motions, OR WITHIN 7 DAYS AFTER THE EXPIRATION OF THE DEADLINE FOR FILING POST-CONVICTION REVIEW MOTIONS IF NONE HAVE BEEN FILED.  The unitary notice of appeal need conform only to the requirements of sections (1), (2), (6) and (8) of C.A.R. 3(g).

An original plus eight copies of written comments concerning this rule change should be submitted no later than 5:00 pm on Monday, April 30, to: Christopher T. Ryan, Clerk of the Colorado Supreme Court, 101 W. Colfax Ave., Ste. 800, Denver, Colorado 80202.

Tenth Circuit: Unpublished Opinions, 3/15/12

On Thursday, March 15, 2012, the Tenth Circuit Court of Appeals issued no published opinions and one unpublished opinion.

Unpublished

United States v. Ruiz-Bautista

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