June 20, 2018

Archives for July 6, 2014

Colorado Supreme Court: Title Clearly Expresses Single Subject of Ballot Initiative

The Colorado Supreme Court issued its opinion in In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89 on Monday, June 30, 2014.

Single Subject—Clear Title.

In this case, the Supreme Court held that Initiative #89 contains a single subject and that the title clearly expresses the single subject. The Court thus affirmed the action of the Title Board.

Summary and full case available here.

Colorado Supreme Court: Juvenile’s Statements Made Voluntarily and Not While in Custody

The Colorado Supreme Court issued its opinion in People v. N.A.S. on Monday, June 30, 2014.

Juvenile Custody Under Miranda—Voluntariness and Coercion.

In this interlocutory appeal, the People sought review of the trial court’s order suppressing statements of the juvenile defendant. The trial court found that defendant was in custody when he made the statements; that he did not waive his Miranda rights knowingly, voluntarily, or intelligently; and that the statements were involuntary.

The Supreme Court held that, in light of the totality of the circumstances, defendant was not in custody when he made the statements, and he spoke voluntarily. Accordingly, the Court reversed the trial court’s suppression order and remanded for proceedings consistent with this opinion.

Summary and full case available here.

Colorado Supreme Court: Case-by-Case Evaluation of Summary Judgment Appropriateness Needed in Prospective Harm Cases

The Colorado Supreme Court issued its opinion in People in Interest of S.N. on Monday, June 30, 2014.

Dependency and Neglect Adjudication—Prospective Harm—Summary Judgment.

The Supreme Court granted certiorari to consider whether summary judgment is ever appropriate in a dependency and neglect adjudication involving prospective harm. The Court held that courts must evaluate whether summary judgment is appropriate in such instances on a case-by-case basis. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case to that court for proceedings consistent with this opinion.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 7/3/2014

On Wednesday, July 3, 2014, the Tenth Circuit Court of Appeals issued no published opinions and eight unpublished opinions.

Yellowbear v. Wyoming Attorney General

United States v. Moser

Goings v. Sumner County D.A.’s Office

United States v. Gerkin

Lopez-Munoz v. Holder

United States v. Marquez

Sifuentes-Felix v. Holder

United States v. Ashlock

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

 

Tenth Circuit: Unpublished Opinions, 7/2/2014

On Wednesday, July 2, 2014, the Tenth Circuit Court of Appeals issued two published opinions and seven unpublished opinions.

Chairez-Perez v. Holder

Fogle v. Gonzales

TruGreen Companies, LLC v. Mower Brothers, Inc.

Smith v. Howell

Bigley v. Ciber, Inc.

Velocity Press v. Key Bank, N.A.

In re Trierweiler: Royal v. First Interstate Bank

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.