August 19, 2017

Archives for May 17, 2016

Bills Regarding Funding Colorado Water Conservation Board, Delegating DMV Functions, and More Signed

On Monday, May 16, 2016, Governor Hickenlooper signed three bills into law. To date, the governor has signed 172 bills this legislative session. The bills signed Monday are summarized here.

  • SB 16-138 – Concerning a Study of the Delegation of Functions of Certain Regulations Related to Motor Vehicles Administered by the Department of Revenue, by Sen. Ray Scott and Rep. Kevin Priola. The bill requires the Department of Revenue to study and make recommendations concerning the delegation of certain DMV services, including issuance and renewal of driver’s licenses, to private entities.
  • SB 16-168 – Concerning the Ability of a Political Subdivision from an Adjoining State to Jointly Operate an Airport in Colorado, by Sen. Ellen Roberts and Rep. J. Paul Brown. The bill allows a county or municipality in an adjoining state to be part of a Colorado airport authority by entering into an agreement with one or more Colorado counties or municipalities to operate an airport jointly.
  • SB 16-174 – Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations, by Sen. Jerry Sonnenberg and Reps. Ed Vigil & Don Coram. The bill appropriates money from the CWCB construction fund to finance specific water-related projects in 2016-17.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Colorado Supreme Court: Holder-in-Due-Course Status Does Not Preclude Forgery Defense

The Colorado Supreme Court issued its opinion in Liberty Mortgage Corp. v. Fiscus on Monday, May 16, 2016.

Negotiable Instruments—Holders in Due Course—Forgery—Ratification—Negligent Contribution.

Respondent Fiscus’s wife forged his name on three powers of attorney and used them to procure a promissory note that was ultimately assigned to petitioner Branch Banking and Trust Company. The note was secured by a deed of trust purporting to encumber property held in Fiscus’s name alone. Branch Banking and Trust claimed holder-in-due-course status under Article 3 of Colorado’s Uniform Commercial Code, and Fiscus raised a forgery defense. The Court of Appeals held that Article 3 does not apply to deeds of trust because they are not “negotiable instruments” as defined in the Code. The Supreme Court held that, even assuming Article 3 applies to such deeds of trust, holder-in-due-course status does not preclude a purported maker from asserting a forgery defense. Thus, because Fiscus had a valid forgery defense, not barred by any negligence or ratification on his part, the Court affirmed the judgment of the Court of Appeals but on different grounds. The Court did not address the negotiability of deeds of trust that secure promissory notes under Article 3.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: District Court Judgment Not Final Where Petition for Rehearing Timely Filed

The Colorado Supreme Court issued its opinion in People v. Penn on Monday, May 16, 2016.

Petitions for Rehearing in the District Court—C.A.R. 52—Opinion Evidence—Comment on Witness’s Credibility.

The Supreme Court held that a party may file a petition for rehearing of a district court’s review of a county court judgment within 14 days of the district court’s ruling, unless that time is shortened or extended by order or unless the district court by express order disallows the filing of the petition. Where a petition for rehearing is timely filed in the district court, the district court judgment does not become final for purposes of the 42-day filing period for a writ of certiorari under C.A.R. 52(a) until the district court denies the petition for rehearing. Because the People filed their petition for writ of certiorari within this time frame, it was timely. The Supreme Court further held that it was not plain error for the trial court to admit an officer’s testimony that he had “reason to arrest” defendant for a crime that had been committed. Accordingly, the Court reversed the judgment of the district court and remanded the case for reinstatement of the judgment of conviction.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Lower Judgment Affirmed by Equally Divided Court

The Colorado Supreme Court issued its per curiam opinion in People v. Harding on Monday, May 16, 2016.

Equally Divided Court.

Upon consideration of the record on appeal, together with the written and oral arguments of counsel, Chief Justice Rice, Justice Coats, and Justice Hood were of the opinion that the judgment of the Court of Appeals, announced June 27, 2013, in 2010 CA 1584, should be affirmed, whereas Justice Eid, Justice Márquez, and Justice Boatright were of the opinion that it should be reversed. Because the Supreme Court was equally divided, the decision of the Court of Appeals was affirmed by operation of law. See C.A.R. 35(e).

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/16/2016

On Monday, May 16, 2016, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

McCoy v. Miller

United States v. Washington

McDonald v. Colorado’s 5th Judicial District

Gallegos v. Safeco Insurance Co. of America

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