January 20, 2018

Archives for May 24, 2012

Finalist Selected to Fill Montrose County Associate Court Judgeship

The Seventh Judicial District Nominating Commission has nominated one candidate for a Montrose County Associate Court judgeship created by the retirement of the Honorable Diana Barber, effective April 30, 2012.

Nominee Julie Huffman of Montrose was selected on Wednesday, May 23.

Under the Colorado Constitution, Governor Hickenlooper has until June 8 to appoint the nominee to the position of county court judge for the Montrose County Associate Court.

Colorado Court of Appeals: Announcement Sheet, 5/24/12

On Thursday, the Colorado Court of Appeals issued three published opinions and forty-three unpublished opinions.

Published

Schuessler v. Wolter

Devora v. Strodtman

Hendricks v. Allied Waste Transp., Inc.

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

Upcoming Solo/Small Firm Monthly Networking Meetings: June 2012

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. Some offer 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
          • June 6 (First Wednesday of every month)
            • Luncheon at 11:30 am, CLE at 11:45
          • Ritz Grill, 15 S. Tejon, Colorado Springs, CO, (719) 635-8484
          • Contact Jim Duve, (719) 578-5800, JCD@DuveLaw.com, or John Holcomb, (719) 548-8968, jholco@gmail.com
        • Downtown Denver
          • June 12 (Second Tuesday of every month)
            • 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, Jennifer@mcginnlawoffice.com.
          • 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.
        • Downtown Denver
          • June 7 (First Thursday of every month)
            • Breakfast at 7:30 am
          • Tavern Restaurant inside the Denver Athletic Club, 1325 Glenarm Place, Denver, CO (303) 534-1211 – Reservation under D.A. Bertram
          • Contact Frank P. Slaninger, (303) 617-4446, slaninger@comcast.net.
        • Denver Tech Center Area
          • June 8 (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, shuey_p@comcast.net.
          • 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.

Tenth Circuit: Petitioner Has Three Prior Violent Felonies for Purposes of the Armed Career Criminal Act

The Tenth Circuit Court of Appeals published its opinion in United States v. Cartwright on Wednesday, May 23, 2012.

The Tenth Circuit affirmed the district court’s sentence. Petitioner was convicted of being a felon in possession of ammunition. “The probation office prepared a Presentence Investigation Report (PSR) that classified [Petitioner], based on three prior Oklahoma burglary convictions, as an armed career criminal subject to a 15-year minimum sentence under the ACCA. [Petitioner] objected to that classification, arguing two of the three identified crimes did not qualify as ‘burglary convictions’ within the meaning of § 924 [of the ACCA]. The district court overruled [Petitioner]’s objections to the PSR and sentenced him accordingly. [Petitioner] appealed, asking [the Tenth Circuit] to decide two questions: (1) whether an Oklahoma second-degree burglary conviction based on entry into a building by an instrument capable of completing the intended crime qualifies as a ‘burglary’ under the ACCA and, (2) whether a nolo contendere plea to another Oklahoma second-degree burglary conviction qualifies as a ‘conviction’ under the ACCA.”

The Court found that Petitioner’s illegal entry with a tool or instrument is encompassed by the definition of generic burglary under the ACCA. Additionally, Petitioner’s nolo contendere plea constitutes a predicate offense and the Government has met its burden of showing, by a preponderance of the evidence, that Petitioner’s prior conviction constitutes a “violent felony.” As such, because the Government has shown that Petitioner has three prior violent felony convictions for purposes of the ACCA, the decision of the district court was affirmed.

Tenth Circuit: Unpublished Opinions, 5/23/12

On Wednesday, May 23, 2012, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

White v. Workman

Garza v. Turley

United States v. Maldonado-Ortega

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