December 10, 2017

Archives for October 6, 2017

Nancy Salomone Appointed to 20th Judicial District Court

On Tuesday, October 3, 2017, the Colorado State Judicial Branch announced the appointment of Nancy Salomone to the 20th Judicial District Court. Salomone will fill a vacancy created by the retirement of Hon. Maria Berkenkotter, effective October 31, 2017.

Salomone is currently a partner at Malkinson Salomone, LLC, and also has a solo practice, The Law Offices of Nancy W. Salomone, PC. Previously, she was Of Counsel at Lazlo & Associates, and also worked at the Colorado State Public Defender’s Office in Denver. She received her undergraduate degree from the University of California at Los Angeles and her law degree from the University of Michigan School of Law.

For more information about the appointment, click here.

Colorado Supreme Court: Claim Arose Prior to Filing Bankruptcy Petition and Therefore was Dischargeable

The Colorado Supreme Court issued its opinion in Hardegger v. Clark on Monday, October 2, 2017.

Contribution—Bankruptcy Discharge—Tax Withholding Liability—26 U.S.C. § 6672(d).

This case required the supreme court to determine when the right of contribution provided in 26 U.S.C. § 6672(d) (2012) gives rise to a “claim” under the U.S. Bankruptcy Code. Applying the “conduct test,” under which a claim arises for bankruptcy purposes at the time the debtor committed the conduct on which the claim is based, the court concluded that petitioner’s claim for contribution arose when the parties’ jointly owned company incurred federal tax withholding liability, rendering the parties potentially responsible for that debt. Because this conduct occurred before respondents filed their bankruptcy petition, the court concluded that petitioner’s claim constituted a pre-petition debt that was subject to discharge. Accordingly, the court affirmed the judgment of the court of appeals.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: District Court May Collect Unpaid Restitution After Completion of Deferred Sentence

The Colorado Supreme Court issued its opinion in Pineda-Liberato v. People on Monday, October 2, 2017.

Sentencing—Deferred Sentences—Restitution—Court Costs and Fees.

This case required the supreme court to determine whether the district court had the authority to continue to collect unpaid restitution, court costs, and fees ordered as conditions of petitioner’s deferred sentence after the completion of that deferred sentence. The court concluded that the district court may collect any unpaid restitution from petitioner after the completion of her deferred sentence, until the restitution has been paid in full. With respect to the unpaid fees and costs, however, the court concluded that the district court lacked the authority to collect such unpaid amounts after it terminated petitioner’s deferred sentence, withdrew her guilty plea, and dismissed her case with prejudice. Accordingly, the court affirmed the district court’s orders in part and reversed in part.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 10/5/2017

On Thursday, October 5, 2017, the Colorado Court of Appeals issued three published opinions and 30 unpublished opinions.

People v. Kadell

People v. Cockrell

Campaign Integrity Watchdog v. Colorado Republican Committee

Summaries of these cases are forthcoming.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 10/5/2017

On Thursday, October 5, 2017, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Sandlain v. English

Scott v. City of Albuquerque

United States v. Mason

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