December 12, 2017

Archives for September 18, 2017

Ingrid Bakke Appointed Chief Judge of 20th Judicial District

On Friday, September 15, 2017, the Colorado State Judicial Branch announced that District Judge Ingrid Bakke was appointed Chief Judge of the 20th Judicial District. Judge Bakke will replace Hon. Maria Berkenkotter as Chief Judge, effective upon Judge Berkenkotter’s October 31 retirement.

Judge Bakke was appointed to the 20th Judicial District Court in January 2011. Prior to her appointment, she was in private practice, where she focused on criminal defense and child abuse matters. She was also a prosecutor in Boulder County for six years and in Jefferson County for 11 years.

For more information about the appointment, click here.

Colorado Supreme Court: No Rational Basis Existed in Evidence to Grant Lesser Included Offense Instruction Request

The Colorado Supreme Court issued its opinion in People v. Naranjo on Monday, September 11, 2017.

Criminal Law—Lesser Non-Included Offenses—Jury Instructions.

The supreme court reviewed the court of appeals’ opinion reversing defendant’s convictions for felony menacing on the ground that defendant was entitled to a jury instruction on the lesser non-included offense of disorderly conduct with a deadly weapon. Under the supreme court’s case law, a defendant is entitled to a jury instruction on a lesser non-included offense where there exists a rational basis in the evidence to simultaneously acquit the defendant of the greater charged offense and convict the defendant of the lesser offense. Here, based on the evidence presented at trial, there was no rational basis for the jury to simultaneously acquit defendant of felony menacing and convict him of disorderly conduct. The court of appeals’ judgment was reversed.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Denial of Defendant’s Requested Lesser Included Offense Instruction Not Harmless Error

The Colorado Supreme Court issued its opinion in People v. Rock on Monday, September 11, 2017.

Criminal Law—Lesser Included Offenses.

The People sought review of the court of appeals’ judgment reversing Rock’s convictions for second degree burglary and theft. 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 supreme court affirmed the court of appeals’ reversal. The court held that (1) the district court erred in denying Rock her requested instruction on second degree criminal trespass on the ground that it was not a lesser included offense of the charged offense of second degree burglary, and (2) erroneously denying Rock’s requested instruction was not harmless with regard to either of her convictions.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/15/2017

On Friday, September 15, 2017, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Payton v. State of Kansas

United States v. Thody

Breen v. Black

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