September 25, 2017

Archives for May 17, 2017

Colorado Supreme Court: Blunt Wraps are “Kind” or “Form” of Tobacco Product Subject to Taxation

The Colorado Supreme Court issued its opinion in Colorado Department of Revenue v. Creager Mercantile Co. on Monday, May 15, 2017.

Statutory Construction—Tobacco taxation.

The supreme court granted certiorari review to determine whether Blunt Wraps, a type of cigar wrapper made in part of tobacco and designed to be filled with smoking material and smoked, may be taxed as “tobacco products,” as that term is defined in C.R.S. § 39-28.5-101(5). The court held that because Blunt Wraps are a “kind” or “form” of tobacco and are “prepared in such manner as to be suitable . . . for smoking,” they fall within the plain language of the statutory definition of “tobacco products” and are taxable accordingly. The court therefore reversed the judgment of the court of appeals.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: No Error in Convictions for Being Accessory and Complicitor to Same Crime

The Colorado Supreme Court issued its opinion in Montoya v. People on Monday, May 15, 2017.

Extreme Indifference Murder—Self-Defense—Accessory to Crime—Invited Error.

Montoya petitioned for review of the court of appeals’ judgment affirming his convictions for attempted extreme indifference murder, reckless manslaughter, criminally negligent homicide, and accessory to crime. See People v. Montoya, No. 06CA1875 (Colo. App. Sept. 13, 2012). Montoya and his cousin were tried together for the shooting death of a woman at a party, in the course of which they each fired a number of rounds in the direction of other party-goers. In a separate appeal to the court of appeals, Montoya’s homicide convictions were initially reversed for failure to properly instruct concerning self-defense against multiple assailants, but upon remand for reconsideration in light of intervening supreme court jurisprudence, all of his convictions were affirmed, not only with regard to the disputed issue of multiple assailants but against a variety of other assignments of error as well. Montoya’s subsequent petition for a writ of certiorari was partially granted by this court.

The supreme court affirmed the judgment of the court of appeals. The court held that (1) there was sufficient evidence to support Montoya’s conviction of attempted extreme indifference murder; (2) Montoya was barred from challenging on appeal the sufficiency of the evidence supporting his conviction for being an accessory to crime, a lesser non-included offense presented to the jury at his request; and (3) Montoya’s simultaneous convictions of reckless manslaughter and accessory to crime neither merged nor required concurrent sentences.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Mutuality is Necessary Element of Defensive Claim Preclusion

The Colorado Supreme Court issued its opinion in Foster v. Plock on Monday, May 15, 2017.

Claim Preclusion—Issue Preclusion—Mutuality.

In this case, the supreme court considered whether mutuality is a necessary element of defensive claim preclusion. Although multiple divisions of the court of appeals have concluded that mutuality need not be established for the defensive use of claim preclusion, the supreme court disagrees. Instead, the court concluded that mutuality is a necessary element of defensive claim preclusion. The court also concluded that mutuality existed in this case, as did the remaining elements of claim preclusion, and therefore affirmed the judgment of the court of appeals on other grounds.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/16/2017

On Tuesday, May 16, 2017, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

Hatten-Gonzales v. Earnest

Yellowbear v. Norris

Singh v. Sessions

United States v. Bonat

Adkins v. Koduri

United States v. Jack

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