June 24, 2017

Archives for May 18, 2017

Colorado Court of Appeals: Announcement Sheet, 5/18/2017

Colorado Supreme Court: Use of Blood Test Refusal in DUI Case Does Not Violate Fourth Amendment

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

Searches and Seizures—Refusal to Submit to Blood-Alcohol Testing—Admission of Refusal Evidence.

In this interlocutory appeal, the supreme court considered whether the prosecution’s use of a defendant’s refusal to consent to blood-alcohol testing as evidence of guilt at trial for a drunk-driving offense, in accordance with C.R.S. § 42-4-1301(6)(d), violates his Fourth Amendment right to be free from unreasonable searches. Because the court recently held in Fitzgerald v. People, 2017 CO 26, that the use of such refusal evidence does not violate the Fourth Amendment, that holding controls here, and defendant’s challenge to C.R.S. § 42-4-1301(6)(d) fails. The court therefore reversed the trial court’s order.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Decree Determining Water Right Only Allows Diversion at Downriver Pump

The Colorado Supreme Court issued its opinion in Select Energy Services, LLC v. K-LOW, LLC on Monday, May 15, 2017.

Water Law—Change of Water Right—Rules of Water Decree Interpretation—Nature and Extent of Right Acquired.

This appeal from the water court in Water Division No. 1 concerns the nature and extent of a water right following a recent change to its diversion point. The right initially diverted water at a headgate on the South Platte River, but pursuant yo the recently enacted simple change statute, C.R.S. § 37-92-305(3.5), its owner changed that diversion point to a pump farther downstream. Interpreting the decree recognizing the change, the water court concluded it did not include a right to divert water from a ditch historically used to convey the water right. On appeal, the supreme court reached the same conclusion. Because, by its plain language, the decree defining the water right allows its holder to divert water only at the pump downriver from the disputed ditch, and that language is not susceptible to any other reasonable interpretation, the court concluded that the decree does not include a right to divert water from that ditch. The court therefore affirmed the water court’s judgment.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Attorneys’ Charging Liens May Attach to Spousal Maintenance Awards

The Colorado Supreme Court issued its opinion in Stoorman & Associates, P.C. v. Dixon on Monday, May 15, 2017.

Attorneys’ Liens—Dissolution of Marriage.

In this case, the supreme court considered whether attorneys’ charging liens may attach to spousal maintenance awards under Colorado’s attorney’s lien statute. The court applied the plain language of the attorney’s lien statute, C.R.S. § 12-5-119, which provides that attorneys shall have a lien on “any judgment they may have obtained or assisted in obtaining,” and held that an attorney’s charging lien may attach to an award of spousal maintenance. Accordingly, the court reversed the court of appeals’ judgment and remanded this case to that court with instructions to return the case to the trial court for proceedings consistent with this opinion.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/17/2017

On Wednesday, May 17, 2017, the Tenth Circuit Court of Appeals issued two published opinions and no unpublished opinion.

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