October 20, 2017

Archives for July 7, 2014

Colorado Supreme Court: Trial Court Should Use Discretion in Rare Circumstances Where Mistrial Instruction Needed

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

Modified Allen Jury Instruction.

The Supreme Court overruled People v. Raglin, 21 P.3d 419 (Colo.App. 2000), in which a division of the court of appeals held that a modified Allen instruction [See Allen v. People, 660 P.2d 896, 898 (Colo. 1983).] “must inform the jurors that if it appears to the trial court that a unanimous decision cannot be reached, they will be excused and a mistrial declared.” The Supreme Court held that a trial court is not required to provide a mistrial advisement when giving a modified Allen instruction.

The trial court has discretion to instruct a deadlocked jury about the possibility of a mistrial when, considering the content of the instruction and the context in which it is given, the instruction will not have a coercive effect on the jury. The court should consider exercising its discretion in rare circumstances—for example, when a jury has actually indicated a mistaken belief in indefinite deliberations. Applying this holding, the Court concluded that the trial court did not err by failing to instruct the jury about the possibility of a mistrial. The judgment was affirmed.

Summary and full case available here.

Colorado Supreme Court: No Need to Give Jury Instruction on Declaration of Mistrial

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

Modified Allen Jury Instruction.

The Supreme Court overruled People v. Raglin, 21 P.3d 419 (Colo.App. 2000), in which a division of the court of appeals held that a modified Allen instruction [See Allen v. People, 660 P.2d 896, 898 (Colo. 1983).] “must inform the jurors that if it appears to the trial court that a unanimous decision cannot be reached, they will be excused and a mistrial declared.” The Supreme Court held that a trial court is not required to provide a mistrial advisement when giving a modified Allen instruction.

The trial court has discretion to instruct a deadlocked jury about the possibility of a mistrial when, considering the content of the instruction and the context in which it is given, the instruction will not have a coercive effect on the jury. The court should consider exercising its discretion in rare circumstances—for example, when a jury has indicated a mistaken belief in indefinite deliberations. Applying this holding, the Court concluded that the trial court did not err by failing to instruct the jury about the possibility of a mistrial. The judgment was affirmed.

Summary and full case available here.

Colorado Supreme Court: Trial Court Not Required to Inform Jury of Mistrial when Giving Modified Allen Instruction

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

Modified Allen Jury Instruction.

The Supreme Court overruled People v. Raglin, 21 P.3d 419 (Colo.App. 2000), in which a division of the court of appeals held that a modified Allen instruction [See Allen v. People, 660 P.2d 896, 898 (Colo. 1983).] “must inform the jurors that if it appears to the trial court that a unanimous decision cannot be reached, they will be excused and a mistrial declared.”

The Court held that a trial court is not required to provide a mistrial advisement when giving a modified Alleninstruction. The trial court has discretion to instruct a deadlocked jury about the possibility of a mistrial when, considering the content of the instruction and the context in which it is given, the instruction will not have a coercive effect on the jury. The court should consider exercising its discretion in rare circumstances—for example, when a jury has indicated a mistaken belief in indefinite deliberations. Applying this holding, the Court concluded that the trial court did not err by failing to instruct the jury about the possibility of a mistrial. The judgment was affirmed.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 7/7/2014

On Monday, July 7, 2014, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Marshall v. Rudek

Holbrooks v. Sun Life Assurance Co. of Canada

United States v. Montes

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

Fostering Success Legal Clinic — Why MVL is Addressing the Needs of Foster Kids!

By Peggy Hoyt-Hock, MVL Board Member

Foster Children. . . What comes to mind when you read this term? When I think of foster children, I tend to visualize something out of Oliver Twist . . . a group of young kids, hanging together, with little supervision. Then of course, I think of Jane Eyre, Annie or Harry Potter. Upon further reflection, I recall a few friends and acquaintances,who have on occasion mentioned that when young, they were fostered until perhaps being adopted or otherwise growing into successful, professional adults.

Then, consider this statistic: In the US, just over 30 percent of typical kids obtain a bachelor’s degree by age 25. When compared to children from the foster care system this number drops to two percent! Until writing this blog, I was unaware of the gap; honestly never giving the topic much thought. This difference presents just one example of the significant challenges children who age-out of the foster system must face.

The phone call came out of the blue. A professional young attorney, in fact an MVL Rovira Scholar introduced herself. “I am calling to ask you to serve as a volunteer for the first MVL Fostering Success Legal Clinic in July.” I asked her to tell me more about it. In the course of our conversation, I confirmed my commitment and discovered that Leeah Lechuga had direct personal experience with the foster care system.

If time would allow, we would both place individual calls to each good hearted attorney we know asking them to volunteer for this new Fostering Success Legal Clinic. Since neither of us have time, we are publishing this blog.

MVL has been fortunate to have had our recent Rovira Scholar, Leeah Lechuga. She reached out to share some of the challenges faced by an individual who ages-out of the foster care system. Leeah is a young and dynamic Colorado attorney, who recently left MVL for a Clerkship in the 18th Judicial District. If you happen to see her there, please join us in thanking her for arranging to have MVL partner with others to establish the new MVL“Fostering Success Legal Clinic.”

Snippets of the interview follow:

Peg, Q: You have personal experience with having to navigate the system. Can you share what it was like?

Leeah, A: My experience with my only out-of-home placement was wonderful. My foster parents made my experience with the system transformative.

It was the other systems that were difficult, after I aged out — student financial aid, finding an apartment, buying a car — I felt lost and incompetent constantly. I also felt lost in other ways, particularly recognizing the value in healthy relationships and building a healthy community. That is so important, but it took me a long time to get here.

Peg, Q: What can you tell the attorneys who read this blog, and may consider volunteering for this clinic — particularly those who may not have volunteered with MVL before — with regard to specific knowledge, skills, or experience they need?

Leeah, A: Attorneys, your willingness to be there is the biggest thing.

It is followed closely by a willingness to be an open book. Most of the legal issues won’t be complex. But you never know what seemingly trivial answer will unlock a whole new level of understanding and way of thinking for these young people. Something you say may connect with something that was said or overheard in a previous encounter. You can be transformative.

If you have not signed up to help with this clinic yet, please do so now. Let’s see how many lives the “Fostering Success Legal Clinic” can help transform over time! If you are interested, please contact diannev@denbar.org.

This article originally appeared on the MVL blog on July 3, 2014.

Hon. Charles Greenacre and Hon. James Schum to Retire from Seventh Judicial District Court

The Colorado State Judicial Branch announced the retirement of two judges on the district court bench for the Seventh Judicial District, Hon. Charles Greenacre and Hon. James Schum. Both vacancies will occur on January 13, 2015.

Judge Greenacre was appointed to the Seventh Judicial District Court in May 2000. Prior to his appointment, he was a Montrose County Judge from December 1994 through May 2000. His docket includes criminal, civil, probate, mental health, juvenile, and domestic relations cases. He was also the first presiding judge of the drug court in the Seventh Judicial District.

Judge Schum was appointed to the district court bench in the Seventh Judicial District in July 2005. Prior to his appointment, he was a combined court magistrate since 1996, handling all types of cases for both county and district court. He also had a private practice in Delta County.

Eligible applicants for the vacancies must be qualified electors of the Seventh Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Allison Eid, and are also available on State Judicial’s website. The original signed application and an identical electronic PDF copy must be filed with Justice Eid no later than 4 p.m. on July 31, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on July 24, 2014.

More information about the vacancy and contact information for members of the nominating commission may be found here.