June 27, 2017

Archives for June 14, 2017

CJD 16-02 Regarding Office of Respondent Parents’ Counsel Amended by Colorado Supreme Court

On Tuesday, June 13, 2017, the Colorado State Judicial Branch announced amendments to CJD 16-02, “Court Appointments Through the Office of Respondent Parents’ Counsel.” The changes include minor additions and changes to various sections, as well as:

  • Giving ORPC the authority to select attorneys for specific cases upon notice to the court;
  • Prohibiting the same attorney from representing multiple parents in the same case;
  • Clarifying the appellate appointment policy;
  • Removing billing policies from the CJD that were contained in the ORPC billing policies;
  • Allowing Judges and Magistrates to appoint RPC prior to the filing of a petition for good cause; and
  • Clarifying appointment protocols.

The changes to CJD 16-02 were adopted June 13, 2017, and are effective July 1, 2017. For the full text of CJD 16-02, click here. For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

Colorado Supreme Court: Costs of SANE Exam Extraordinary and Therefore May Be Recovered as Restitution

The Colorado Supreme Court issued its opinion in Teague v. People on Monday, June 5, 2017.

Criminal Law—Sentencing and Punishment—Costs Taxable Against Defendant.

In this consolidated opinion, the supreme court addressed whether sexual offenders must shoulder the cost of their victims’ forensic medical examinations as criminal restitution. By statute, such restitution may include “extraordinary direct public . . . investigative costs.” The court therefore considered whether the cost of a sexual assault nurse examiner (SANE) examination is “extraordinary” for purposes of the statute. As both a medical and investigative response to a sexual offense, these examinations necessarily perform dual roles. The court concluded that the hybrid nature of these exams renders them, and their resulting costs, extraordinary. It further concluded that the state may therefore recover those costs as restitution.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Encounter with Police Deemed Consensual Under Totality of Circumstances

The Colorado Supreme Court issued its opinion in People v. Shoen on Monday, June 5, 2017.

Fourth Amendment—Consensual Encounters.

In this case, the Supreme Court considered whether defendant’s encounter with

police, during which he confessed to possessing a controlled substance, was consensual or whether it constituted an impermissible seizure under the Fourth Amendment. The Court concluded that under the totality of the circumstances, the encounter was consensual. Accordingly, the Court reversed the trial court’s order suppressing evidence from the encounter, and remanded the case for further proceedings consistent with this opinion.

Summary provided courtesy ofThe Colorado Lawyer .

Colorado Supreme Court: Miranda Advisement Adequately Conveyed to Defendant Right to Attorney

The Colorado Supreme Court issued its opinion in Carter v. People on Monday, June 5, 2017.

Criminal Law—Miranda Warnings—Jury Deliberations.

Carter petitioned for review of the court of appeals’ judgment in People v. Carter, 2015 COA 36, ___ P.3d ___, which affirmed, among others, his conviction of conspiracy to commit first-degree murder. With regard to a videotaped interrogation by the police, the district court denied a motion to suppress defendant’s statements, rejecting all of his Fifth and Fourteenth Amendment claims, including his assertion that he had not been adequately advised, as required by Miranda v. Arizona, of his right to have an attorney present during interrogation. It also denied defendant’s motion to limit access to that videotape during jury deliberations. In a fractured opinion, in which all three members of the division of the court of appeals wrote separately, the intermediate appellate court affirmed with regard to both of these assignments of error.

The supreme court affirmed the judgment of the court of appeals. Because the Miranda advisement of defendant reasonably conveyed that he had a right to consult with counsel, both before and during any interrogation by the police, and because the district court did not abuse its discretion in permitting the jury unrestricted access to both a video recording and transcript of defendant’s custodial interrogation, the trial court did not err.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Trial Court Properly Denied Request for Lesser-Included-Offense Instruction where Lesser Offense Not Included

The Colorado Supreme Court issued its opinion in People v. Rock on Monday, June 5, 2017.

Jury Instructions—Lesser Offenses.

The People sought review of the court of appeals’ judgment reversing Rock’s convictions for second-degree burglary and theft. See People v. Rock, No. 11CA1936 (Colo. App. July 3, 2014). The trial court denied Rock’s request for an additional, lesser included offense instruction on second-degree criminal trespass, on the ground that second-degree criminal trespass is not an included offense of second-degree burglary. The court of appeals reversed, concluding that in denying Rock’s request, the trial court erred and that the error was not harmless with regard to either of Rock’s convictions. The supreme court reversed the judgment of the court of appeals because second-degree criminal trespass is not a lesser included offense of second-degree burglary under the strict elements test, as clarified in Reyna-Abarca v. People, 2017 CO 15, 390 23 P.3d 816.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 6/13/2017

On Tuesday, June 13, 2017, the Tenth Circuit Court of Appeals issued no published opinion and eight unpublished opinions.

Jones v. Price

Smith v. State of Oklahoma

United States v. Parker

Greene v. Housing Authority of the City of Los Angeles

United States v. Rogers

Greene v. Sprint Nextel Corp.

Herrera v. Las Cruces Public Schools

Lopez v. Berryhill

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