December 10, 2017

Archives for April 12, 2012

Colorado Court of Appeals: Announcement Sheet, 4/12/12

On Thursday, the Colorado Court of Appeals issued eleven published opinions and thirty-two unpublished opinions.

Published

People v. Davis

People v. Douglas

Reyher v. State Farm Mut. Automobile Ins. Co.

People v. Turecek

People v. Adolf

People v. Chavez

People v. Oslund

In re the Parental Responsibilities Concerning B.R.D., a Child, and Concerning Phillip K. Decker and Sherry M. Decker

People In the Interest of M.C.

TCD, Inc. v. American Family Mut. Ins. Co.

Great Plains National Bank, N.A. v. Mount

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

HB 12-1313: Changing Procedures Related to the Statewide Initiative Title Board

On February 20, 2012, Rep. Libby Szabo and Sen. Bob Bacon introduced HB 12-1313 – Concerning Procedures Related to the Statewide Initiative Title Board. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes changes related to the statewide initiative title board:

  • Clarifies the authority of the secretary of state and attorney general to designate a representative to serve on the title board;
  • Requires a person who submits a motion for rehearing to the title board to specify the grounds for the rehearing and requires the motion to be typewritten;
  • Specifies that after the title board takes action on a motion for rehearing, no further motions for rehearing may be heard; and
  • Codifies case law that appeals of title board decisions must be filed with the Colorado Supreme Court within five business days.

The bill passed the House on March 21 and is assigned to the State, Veterans & Military Affairs Committee. The State Affairs committee has the bill scheduled for Monday April 9 at 1:30 p.m.

Since this summary, the bill passed out of the State, Veterans, & Military Affairs Committee unamended and was moved to the consent calendar for the Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1311: Extension of Sunset Review for State Board of Pharmacy and Regulation of Pharmacists

On February 20, 2012, Rep. Ken Summers and Sen. Betty Boyd introduced HB 12-1311 – Concerning Continuation of the State Board of Pharmacy, and, In Connection Therewith, Implementing the Recommendations Contained in the Sunset Review and Report Regarding the Board and Recodifying the Laws Regulating Pharmacists, the Practice of Pharmacy, and the Manufacture, Distribution, and Dispensing of Prescription Drugs and Controlled Substances. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Process – House Health and Environment Committee.

The bill implements the recommendations of the sunset review and report on the Colorado State Board of Pharmacy. The bill continues the state board of pharmacy and its functions and the regulation of the practice of pharmacy through September 1, 2021. The bill also recodifies and relocates the laws regulating pharmacists and the practice of pharmacy by the board from article 22 in title 12, C.R.S., to a new article 42.5 in title 12, C.R.S. The bill relocates laws pertaining to the licensing of addiction programs and researchers by the department of human services to a new part 2 in article 80 of title 27, C.R.S.

On March 8 the Health and Environment Committee amended the bill and sent it to the Finance Committee. On March 21 the Finance Committee amended the bill and moved it to the Appropriations Committee. The bill is scheduled to go before the Appropriations Committee on Tuesday, April 10 at 7:30 a.m.

Since this summary, the House Appropriations Committee amended the bill and referred it to the Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1310: Criminal Procedure Omnibus Bill – Makes Numerous Changes to Statutes on Sentencing, Court Procedure, and Specific Offenses

On February 20, 2012, Rep. Bob Gardner and Sen. Morgan Carroll introduced HB 12-1310 – Concerning Changes to Statutory Provisions Relating to Criminal Proceedings. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

This is an omnibus bill that makes changes to numerous procedural criminal law statutes.

The bill creates standards and a procedure for the admissibility of commercial packages for evidence.

The bill defines “earnings” for garnishment purposes to collect court fines, fees, costs, restitution, and surcharges. When a garnishment is ordered to collect court fines, fees, costs, restitution, and surcharges, it has priority over all other orders except those for child support, maintenance, or a previous garnishment related to court assessments.

Under current law, the judicial department makes an annual report regarding the state’s pretrial services programs. The bill expands the information that would be included in the report.

Under current law, a surety must consent to the continuation of bond after the defendant pleads guilty. The bill allows a surety to indicate on the initial bond documents whether the surety consents to continuation of the bond after a guilty plea. If the surety does not indicate consent in the initial documents, it may still consent at the time of the plea or within a reasonable time thereafter.

Under current law, a witness to a grand jury proceeding is given notice of his or her rights. The bill clarifies that the witness has a right to have a court appoint an attorney for him or her, but that the witness may not consult with the public defender.

The bill gives a party the right to have the court impanel an alternate juror if the case involves a class 1, 2, or 3 felony or a felony listed under the victim’s rights provisions.

Under current law, a presentence report for each offense committed by a sex offender must contain a sex-offender evaluation if one has not been completed in the last six months. The bill extends that timeline to two years. A sex offender evaluation would not have to be done if the new offense is a traffic misdemeanor or if the history of sex offending was a juvenile misdemeanor offense, unless the court requires the sex-offender evaluation.

Under current law, when a defendant defaults on a restitution order, the collection investigator must ask the clerk of the court to issue an attachment of earnings. The bill would allow the collection investigator to issue the attachment.

Under current law, a deferred judgment may last up to four years from the date of the plea for a felony. The bill changes the calculation from the date of the plea if no presentence report is ordered or to the date when the court considers the presentence report. The deferred period maybe extended for an additional two years if the deferred judgment is for a sex offense and good cause is shown. The bill extends the time period for a juvenile deferral of adjudication for a sex offense from one year to two years with the opportunity to extend it up to five years with good cause shown.

Under current law, when a person is convicted of a third felony, he or she is not eligible for probation unless the district attorney consents. The bill clarifies that a plea to a deferred judgment and sentence does not become a conviction until the deferred judgment and sentence is revoked.

The bill clarifies that the court cannot charge a probationer for the costs of returning the probationer to Colorado. If a probationer applies to transfer his or her probation to another state, the probationer must pay a $100 filing fee that is deposited into a fund to cover the costs associated with returning probationers to Colorado.

Under current law, a court may convert a determinate sentence to an indeterminate sentence for certain crimes related to child prostitution and child pornography. The bill repeals that authority.

The bill clarifies what “under color of his or her official authority” means as it relates to a peace officer.

The bill clarifies the record-sealing rights of a person convicted of minor in possession of alcohol.

Under current law, the interest earned by the money in the sex offender surcharge fund is deposited into the general fund. The bill allows the interest to remain in the fund.

Under current law, if a sentencing juvenile court deviates from the recommendation of the placement report, the court must make specific findings and record for the decision. The bill eliminates this requirement.

Under current law there is a crime of converting trust funds and the penalties correspond to the amount of money converted. The bill clarifies that adjustments to trust funds based on simple accounting errors is not a crime. The bill changes the penalties and amounts to correspond to the penalties and amounts for theft.

Under current law, the court must sentence a person who is convicted of a second, third, or subsequent DUI to probation in order to complete certain court-ordered programs and treatment. Under the bill, if the defendant is sentenced to the department of corrections, the court does not sentence the defendant to probation and the defendant must complete the court-ordered programs and treatment while on parole.

On March 8, the Judiciary Committee amended the bill and referred it to the Finance Committee. On March 21, the Finance Committee referred the bill to the Appropriations Committee. The bill is scheduled to go before the Appropriations Committee on Tuesday, April 10 at 7:30 a.m.

Since this summary, the bill was amended in the Appropriations Committee and referred to the House Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1309: Creation of the Colorado Mandatory E-Verify Act; Establishing Compliance Requirements and Fines for Non-Complying Employers

On February 20, 2012, Rep. Spencer Swalm and Sen. Keith King introduced HB 12-1309 – Concerning the Requirement that All Employers in the State Verify the Work Eligibility Status of New Employees Through the Federal Electronic Verification Program. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the “Colorado Mandatory E-verify Act”, which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a six month suspension of the employer’s business licenses.

The department of labor and employment must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the Secretary of State, in consultation with the department, to include information about the requirements of the act on its web site. On March 22, the Economic and Business Development Committee amended the bill and referred it to the Committee on Agriculture, Livestock, and Natural Resources.

Summaries of other featured bills can be found here.

Michelle Amico Appointed as New District Court Judge in Eighteenth Judicial District

On Thursday, April 12, 2012, Governor John Hickenlooper announced his appointment of Michelle Amico to serve as a district court judge in the Eighteenth Judicial District, which serves Arapahoe, Douglas, Elbert, and Lincoln counties. Amico’s judicial appointment is effective May 31.

Amico will fill the vacancy created by the retirement of the Honorable Robert H. Russell, II.

Amico, of Littleton, currently serves as the Chief Deputy District Attorney with the Denver District Attorney’s office. In her career with the District Attorney’s Office, she has acted as a prosecutor and directed the Family Violence Unit, County Court Division, District Court, Juvenile Division, Gang Unit, and Intake Division.

Amico also serves as a legal advisor to the Denver Police Department and instructs at the Denver Police Academy. Previously, Amico clerked for White & Steele, P.C., and the U.S. Department of Education’s Office for Civil Rights. Amico has volunteered in the community throughout her legal career and served as the President of the Board of Directors for the Denver Center for Crime Victims.

Amico earned her bachelor’s degree at the University of Arizona and her law degree from the University of Denver Sturm College of Law.

Tenth Circuit: Unpublished Opinions, 4/11/12

On Wednesday, April 11, 2012, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Unpublished

McArther v. State Farm Mut. Auto. Ins. Co.

Thomas v. Astrue

United States v. Hinson

United States v. Bueno-Hernandez

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