August 17, 2017

Archives for May 20, 2016

Jaclyn Casey Brown Appointed to 17th Judicial District Court

JaclynCaseyBrownOn Thursday, May 19, 2016, the governor’s office announced the appointment of Jaclyn Casey Brown to the District Court Bench in and for the Seventeenth Judicial District. Brown will fill a vacancy created by the retirement of Hon. C. Scott Crabtree, effective July 1, 2016.

Brown is currently a partner at Lewis Roca Rothgerber Christie in Denver, where she practices in the real estate and business litigation groups with an emphasis on commercial and complex civil litigation involving business entities ‎of various size. Brown is a member of the Colorado, Denver, American, and Colorado Women’s bar associations; a member of the Faculty of Federal Advocates; a Colorado Bar Foundation Fellow; and is active on many boards and committees. Brown received her undergraduate degree from the University of Colorado, summa cum laude, and her law degree from Washington University in Saint Louis School of Law, where she was in the Order of the Coif.

For more information on the appointment, click here.

Bills Concerning Depositions for At-Risk Persons, Immunity for Reported Overdoses, and More Signed

On Thursday, May 19, 2016, Governor Hickenlooper signed six bills into law. To date, he has signed 192 bills this legislative session. The bills signed Thursday include a bill to allow depositions of at-risk persons in criminal trials in which the at risk persons may not be available to testify, a bill repealing certain mandatory terms of incarceration, and more. The bills signed Thursday are summarized here.

  • HB 16-1027 – Concerning Depositions in Criminal Cases in Which an At-Risk Person May Not Be Available for Trial, by Rep. Jessie Danielson and Sens. Nancy Todd & Jerry Sonnenberg. The bill expands and streamlines the allowable use of recorded depositions for at-risk elders. Under the bill, upon receipt of a motion the court must schedule a recorded deposition within 14 days without further findings if the victim is an at-risk elder, defined as any person 70 years of age or older; however, the bill allows the defense to challenge the motion for recorded depositions of other at-risk adults.
  • HB 16-1227 – Concerning Exemptions from Child Support Enforcement Requirements as a Condition of Receipt of Child Care Assistance Under the Colorado Child Care Assistance Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Brian DelGrosso and Sens. Owen Hill & Larry Crowder. The bill specifies that a teen parent is not required to submit an application for child support establishment as a condition of receiving child care assistance. However, the county can require the parent to submit an application for child support establishment in order to receive child care assistance once they no longer qualify as a teen parent.
  • HB 16-1302 – Concerning the Alignment of the Colorado Statutes with the Federal “Workforce Innovation and Opportunity Act” Through the “Colorado Career Advancement Act,” by Reps. Crisanta Duran & Brian DelGrosso and Sen. Linda Newell. The bill changes the title of the “Colorado Workforce Investment Act” to the “Colorado Career Advancement Act.” It also clarifies the roles of specific entities in workforce development programs and removes statutory requirements made inapplicable by the federal act.
  • HB 16-1390 – Concerning Immunity for Certain Persons who Are Involved with a Reported Overdose Event, by Rep. Dominick Moreno and Sen. Lucia Guzman. The bill provides immunity from arrest for underage persons reporting alcohol or marijuana overdoses and extends immunity from arrest and prosecution to the underage person requiring medical assistance.
  • SB 16-072 – Concerning an Increase in the Maximum Total Amount of Annual Lease Payments Authorized for Lease-Purchase Agreements Entered into Under the “Building Excellent Schools Today Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Andy Kerr and Reps. Alec Garnett & Jim Wilson. Currently under the Building Excellent Schools Today Act (BEST), the state may enter into lease-purchase agreements for public school facility capital construction projects, subject to the limitation that the maximum total annual amount of lease payments payable under these agreements does not exceed $80 million in a fiscal year. This bill establishes incremental caps on these lease payments.
  • SB 16-102 Concerning the Elimination of Mandatory Sentences to Incarceration for Certain Crimes, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Andy Kerr and Rep. Dominick Moreno. The bill  removes the mandatory term of incarceration that must accompany convictions of certain types of second degree assault or violations of bail bond conditions.

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

Colorado Court of Appeals: Announcement Sheet, 5/19/2016

On Thursday, May 19, 2016, the Colorado Court of Appeals issued 12 published opinions and 28 unpublished opinions.

People v. Dunham

People v. McLain

People v. Zapata

People v. Riley

City & County of Denver v. Gutierrez

McGihon v. Cave

People v. Fransua

Mountain States Adjustment v. Cooke

In re Estate of Ramstetter

Reishus v. Bullmasters, LLC

Justiniano v. Industrial Claim Appeals Office

People in Interest of R.K.L.

Summaries of 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.

Tenth Circuit: Unpublished Opinions, 5/19/2016

On Thursday, May 19, 2016, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Ryals v. City of Englewood

Craine v. National Science Foundation

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

Tenth Circuit: Unpublished Opinions, 5/18/2016

On Wednesday, May 18, 2016, the Tenth Circuit Court of Appeals issued two published opinions and five unpublished opinions.

United States v. Smith

Kuri v. Matrix Center

Freres v. Xyngular

United States v. Partida-Hernandez

United States v. Herrera-Zamora

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