December 12, 2017

Archives for September 19, 2017

Colorado Supreme Court: Unlawful Sexual Contact is Lesser Included Offense of Sexual Assault

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

Double Jeopardy—Lesser Included Offenses.

In this case, the supreme court considered whether unlawful sexual contact is a lesser included offense of sexual assault. Because establishing the elements of sexual assault by means of penetration necessarily establishes the elements of unlawful sexual contact, the Court concluded that unlawful sexual contact is a lesser included offense of sexual assault. Accordingly, the court reversed the judgment of the court of appeals and remanded the case with instructions to vacate defendant’s conviction for unlawful sexual contact.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Prospective Juror’s Silence Properly Construed as Rehabilitation

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

Juror Rehabilitation—Voir Dire—Silence.

In this case, the Colorado Supreme Court considered whether a prospective juror’s silence in response to rehabilitative questioning constitutes evidence sufficient to support a trial court’s conclusion that the juror has been rehabilitated. The court concluded that it does when, in light of the totality of the circumstances, the context of that silence indicates that the juror will render an impartial verdict according to the law and the evidence submitted to the jury at the trial. The court further concluded that, applying this test, the trial court did not abuse its discretion in denying defense counsel’s challenges for cause. Accordingly, the judgment of the court of appeals was reversed.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/18/2017

On Monday, September 18, 2017, the Tenth Circuit Court of Appeals issued two published opinions and one unpublished opinion.

Rivera v. Internal Revenue Service

Case summaries are not provided for unpublished opinions.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