June 21, 2018

Archives for September 2012

Tenth Circuit: Unpublished Opinions, 9/27/12

On Thursday, September 27, 2012, the Tenth Circuit Court of Appeals issued no published opinions and thirteen unpublished opinions.

Huntley v. Owasso

United States v. Rendon-Martinez

Pretlow v. McPherson

Johnson v. Fisher

Heidtke v. Corrections Corporation of America

Esparza-Ruvalcaba v. Holder

Moore v. Williams

United States v. Allen

Kailey v. Price

United States v. Wilson

Todd v. Bigelow

Jones v. The Nordam Group

Clements v. Franklin

No case summaries are provided for unpublished opinions.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

Verification Deadline for Colorado Legal Directory is October 1, 2012

The 2013 Edition of the Colorado Legal Directory is nearing publication, and all attorneys in Colorado should verify their listing to ensure that the most up-to-date contact information is available. The verification deadline was extended to 5 p.m. on Monday, October 1, 2012.

A PDF of the verification form for an individual attorney is available here.

Law firms should also verify their listing. The verification form for a law firm can be found here.

All verification forms must be postmarked by October 1 to be included in the 2013 Edition.

Tenth Circuit: Unpublished Opinions, 9/26/12

On Wednesday, September 26, 2012, the Tenth Circuit Court of Appeals issued no published opinions and three unpublished opinions.

Alexander v. Adelberg

United States v. Castillo-Arment

Krider v. Conover

No case summaries are provided for unpublished opinions.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

Colorado Court of Appeals: Announcement Sheet, Week of September 27, 2012

On Thursday, the Colorado Court of Appeals released six published opinions and 31 unpublished opinions.

Published

People v. Banks

People v. Diaz

People v. Juanda

Kyle W. Larson Enterprises, Inc. v. Allstate Insurance Co.

People in the Interest of O.C.

In re the Parental Responsibilities of M.W., a Child, and Concerning Taylor and Day

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

Finalists Selected for Judgeship on Colorado Court of Appeals

On Wednesday, September 26, 2012, the Colorado Court of Appeals Judicial Nominating Commission announced the selection of three finalists  to fill a vacancy created by the resignation of the Honorable Robert M. Russel, effective November 3, 2012.

The nominees for the Court of Appeals bench are Robert T. Fishman of Denver, Russell H. Granger of Georgetown, and Anthony Navarro of Denver. The finalists were selected during meetings on September 24 and 25.

Under the Colorado Constitution, the governor must appoint one of the nominees to the bench within 15 days. Comments regarding any of the nominees may be sent to Governor Hickenlooper at judicial.appointments@state.co.us. Contact information for the nominees may be found on the Colorado State Judicial Branch website.

Tenth Circuit: Unpublished Opinions, 9/25/12

On Tuesday, September 25, 2012, the Tenth Circuit Court of Appeals issued no published opinions and nine unpublished opinions.

United States v. Belin

United States v. Chavira-Nunez

Hernandez-Luis v. Holder

United States v. McDonald

United States v. Zamudio-Beltran

Warren v. Vigil

Carbajal v. Holman

Faison v. Belcher

Carbajal v. City and County of Denver

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

Tenth Circuit: One-Year Statute of Limitations Barred Defendant’s Motion for Relief Under 28 U.S.C. § 2255

The Tenth Circuit Court of Appeals published its opinion in United States v. Denny on Monday, September 24, 2012.

Defendant Travis Denny pled guilty to possession of cocaine and was sentenced to 240 months’ imprisonment. Due to a misunderstanding with his lawyer, defendant assumed an appeal would be filed objecting to his sentence pursuant to 28 U.S.C. § 2255. However, his lawyer understood that no appeal would be filed. Eventually, defendant discovered no appeal had been filed and filed a § 2255 motion pro se.  The court ruled that his motion was time-barred under the one-year limitations period of the Antiterrorism and Effective Death Penalty Act of 1996. Defendant then sought a certificate of appealability (COA) to allow him to appeal the district court’s dismissal of his motion. The Tenth Circuit granted the COA.

The issue on appeal was whether the defendant acted with reasonable diligence after he acquired the information that no appeal had been filed. Once the Defendant discovered this fact, the one-year statute of limitations began to run. Defendant discovered no appeal had been filed in September 2008, and filed his motion in November 2009, over one year later. Accordingly, the district court’s dismissal of defendant’s claim was AFFIRMED.

Tenth Circuit: Published Opinions, 9/24/12

The Tenth Circuit issued one published opinion and no unpublished opinions on Monday, September 24, 2012. Published opinions are summarized courtesy of CBA-CLE. No summaries are provided for unpublished opinions.

Comment Period Open for Changes to Federal Rules of Practice and Procedure

The United States Courts has opened the public comment period for several proposed changes to the Federal Rules of Practice and Procedure. Comments must be submitted in writing by February 15, 2013.

The changes affect the Federal Appellate, Bankruptcy, Criminal, and Evidence rules. They were approved for publication by the Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Criminal, and Evidence Rules on June 11, 2012, and the public comment period opened August 15, 2012.

The following rules were affected by the proposed changes:

  • Federal Rules of Appellate Procedure, Rule 6;
  • Federal Rules of Bankruptcy Procedure, Rules 1014(b), 7004(e), 7008, 7012, 7016, 7054, 8001-8028, 9023, 9024, 9027, and 9033, and Offiical Forms 3A, 3B, 6I, 6J, 22A-1, 22A-2, 22B, 22C-1, and 22C-2;
  • Federal Rules of Criminal Procedure, Rules 5(d) and 58;  and
  • Federal Rules of Evidence, Rules 801(d)(1)(B) and 803(6), (7), and (8).

A PDF of the changes can be found here. Comments must be submitted to the Advisory Committees in writing, and will be reviewed then made part of the public record. All comments can be viewed through the U.S. Courts website by clicking the links to the Rules sets.

Colorado Supreme Court: Announcement Sheet, 9/24/12

The Colorado Supreme Court released one published opinion on Monday, September 24, 2012.

Published

Porter Adventist Health System v. Lego

The summary for this case is 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.

State Judicial Announces Vacancies on Several Judicial Nominating Commissions

The Colorado State Judicial Branch announced 11 vacancies for attorneys on nominating commissions in 9 judicial districts. The application period opened Friday, September 21, and applications are due by 5 p.m. on October 22, 2012.

Each judicial district has a nominating commission comprised of three attorneys and four non-attorneys. No more than half of the members plus one may have the same political affiliation, and applicants must reside in the judicial district for which they seek appointment. Attorneys serve on the nominating commission as volunteers.

The judicial districts with vacancies on the nominating commissions are:

  • 6th Judicial District (applicant cannot be a registered Democrat);
  • 7th Judicial District (applicant must reside in Montrose County);
  • 11th Judicial District (applicant must reside in Chaffee or Fremont County);
  • 12th Judicial District (two vacancies; applicants must reside in Alamosa, Saguache, or Conejos County);
  • 13th Judicial District (applicant must reside in Kit Carson County);
  • 15th Judicial District;
  • 18th Judicial District;
  • 20th Judicial District (applicant cannot be a registered Democrat); and
  • 22nd Judicial District (two vacancies).

Applications may be found on the State Judicial website. They must be turned in to Cheryl Stevens via email (cheryl.stevens@judicial.state.co.us), fax (303-861-7429), or regular mail (100 W. Colfax Ave., Ste. 800, Denver, CO 80203).

Further information about the vacancies is available here from State Judicial.

Tenth Circuit: Unpublished Opinion, 9/20/12

On Thursday, September 20, 2012, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

Dowling v. Sturgeon Electric

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