August 22, 2017

Archives for October 19, 2016

Colorado Supreme Court: Charges Requiring Different Evidence Arising from Same Incident Do Not Violate Double Jeopardy

The Colorado Supreme Court issued its opinion in Schneider v. People on Monday, October 17, 2016.

Sentencing—Constitutional Law.

Schneider sought review of the court of appeals’ judgment affirming his convictions and consecutive sentences for two counts of sexual assault. The jury returned guilty verdicts on one count of sexual assault of a physically helpless victim and another count of sexual assault by causing submission of a victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will, based on evidence of a single, continuous penetration of the same victim. The trial court imposed mandatory consecutive sentences for conviction of separate crimes of violence arising out of the same incident.

The court of appeals upheld the two sexual assault convictions against challenges of jeopardy and merger, on the grounds that defendant was convicted of violating two separate statutes. It also upheld the trial court’s order of consecutive sentences, on the grounds that consecutive sentences were mandated by statute unless both convictions were supported by identical evidence, which it reasoned could not be the case where the evidence required to prove each sexual assault charge was inconsistent with that required to prove the other.

The supreme court affirmed the judgment of the court of appeals, although on slightly different grounds. Although C.R.S. § 18-3-402 proscribes a single crime of “sexual assault,” which can be committed in either of the two ways charged in this case, the evidence at trial was sufficient to support a jury finding that defendant committed that single crime of “sexual assault” twice against the same victim.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Truth-in-Leasing Act Prohibits Trucking Company Charging Independent Truckers for Satellite System

The Tenth Circuit Court of Appeals issued its opinion in Fox v. TransAm Leasing, Inc. on Tuesday, October 18, 2016.

Plaintiffs, three independent truckers representing themselves and a class of similarly situated truck drivers (“truckers”), contend that Defendants TransAm Trucking, Inc. and TransAm Leasing, Inc. (collectively “TransAm”) violated the Department of Transportation’s truth-in-leasing regulations by requiring the truckers, who lease their trucks and driving services to TransAm, to pay TransAm $15 each week to use TransAm’s satellite communications system. This $15 usage fee violates 49 C.F.R. § 376.12(i), which precludes a motor carrier like TransAm from requiring a trucker “to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement.” The Tenth Circuit, therefore, affirmed partial summary judgment for the truckers. That ruling will support the truckers’ requests for injunctive and declaratory relief. But the truckers also asserted a claim for damages, which the district court certified as a class action. Because the truckers failed to present any evidence of their damages resulting from the unlawful usage fee, however, the district court should have entered summary judgment for TransAm on that damages claim. Having jurisdiction under 28 U.S.C. § 1292(b), therefore, The Tenth Circuit AFFIRMED the district court in part and REVERSED in part.

Tenth Circuit: Unpublished Opinions, 10/18/2016

On Tuesday, October 18, 2016, the Tenth Circuit Court of Appeals issued one published opinion and seven unpublished opinions.

Warren v. Green Tree Servicing, LLC

Shelton v. Colvin

Carrillo v. Coffman

Lewis v. Clark

Duran v. Donaldson

Alvarez v. Grosso

Boling v. Maye

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