May 27, 2017

Archives for April 5, 2016

Bruce Smith Named Dean of the University of Denver Sturm College of Law

smithOn Monday, April 4, 2016, the University of Denver Sturm College of Law announced the appointment of Bruce Smith, J.D., Ph.D., as its new dean, effective July 1, 2016. Smith will replace Dean Martin Katz, who is returning to the faculty.

Smith is currently a Guy Raymond Jones Faculty Scholar at the University of Illinois College of Law, where he specializes in Anglo-American criminal procedure in the 18th and 19th centuries. Smith was Dean of the University of Illinois College of Law from 2009 to 2014 and has served on the faculty since 2001. Prior to that, he was in private practice in the Washington, DC area for five years, where he focused his practice on intellectual property litigation and sports law. He received a Bachelor of Arts degree, summa cum laude, from Williams College; bachelor’s and master’s degrees from the University of Cambridge, England, which he attended as a Hersch Smith Fellow; his J.D. from Yale Law School; and his Ph.D. in history from the Yale Graduate School of Arts and Sciences, where he was a Mellon Fellow in the Humanities.

For more information about the appointment, click here.

Colorado Supreme Court: Announcement Sheet, 4/4/2016

On Monday, April 4, 2016, the Colorado Supreme Court issued one published opinion.

Klingsheim v. Cordell

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

Colorado Supreme Court: Treasurer’s Diligent Inquiry Does Not Require Actual Delivery of Notice

The Colorado Supreme Court issued its opinion in Klingsheim v. Cordell on Monday, April 4, 2016.

Tax Liens—Tax Sales—Diligent Inquiry.

This case principally required the Supreme Court to determine the scope of a county treasurer’s duty of diligent inquiry, pursuant to CRS § 39-11-128(1), in attempting to notify a taxpayer that his or her land may be sold to satisfy a tax lien. Construing CRS § 39-11-128(1)(a), the Court concluded that a county treasurer has an initial duty to serve notice of a pending tax sale on every person in actual possession or occupancy of the property at issue, as well as on the person in whose name the property was taxed or specially assessed, if upon diligent inquiry such persons can be found in the county or if their residences outside the county are known. In addition, the Court held that a treasurer owes a duty of further diligent inquiry after an initial notice has been sent only when the facts known to the treasurer show that the taxpayer could not have received the notice of the pending tax sale. Applying this standard here, the Court concluded that the county treasurer satisfied its duty of diligent inquiry. In addition, the Court concluded that the notice that the county treasurer provided in this case satisfied due process requirements. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case for further proceedings consistent with this opinion.

Summary and full case available here, courtesy of The Colorado Lawyer.

Hon. Larry E. Stutler to Retire from Prowers County Court

Stutler (Formatted)On Monday, April 4, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Larry E. Stutler from the Prowers County Court, effective July 1, 2016.

Judge Stutler was appointed to the Prowers County Court in 1995, where he hears cases including civil, traffic, and misdemeanor offenses. He is also the municipal judge in Lamar. Prior to his appointment to the Prowers County Court, he was in general practice in Lamar, focusing on civil and criminal litigation with some background in real estate and probate. Judge Stutler received his undergraduate degree from the University of Denver and his law degree from the University of Colorado Law School.

Applications are now being accepted for the upcoming vacancy on the Prowers County Court. Eligible applicants must be qualified electors of Prowers County and must have graduated from high school or attained the equivalent. Application forms are available on the State Judicial website and from the ex officio chair of the Fifteenth Judicial District Nominating Commission, Justice Monica Marquez. Applications must be received no later than 4 p.m. on May 4, 2016, and anyone wishing to nominate another must do so no later than 4 p.m. on April 27, 2016.

For more information about the vacancy, click here.

Tenth Circuit: Unpublished Opinions, 4/4/2016

On Monday, April 4, 2016, the Tenth Circuit Court of Appeals issued two published opinions and three unpublished opinions.

Ringgold v. Colvin

Clark v. Keller Transport, Inc.

United States v. Reed

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