November 18, 2017

Archives for October 31, 2017

Colorado Supreme Court: Failure to Pay Funds to Third Party Constituted Knowing Conversion by Attorney

The Colorado Supreme Court issued its opinion in In the Matter of Kleinsmith on Monday, October 30, 2017.

Colorado Rules of Professional Conduct—Attorney Discipline—Conversion—Due Process—Equal Protection.

This attorney disciplinary proceeding required the supreme court to determine whether an attorney commits knowing conversion, in violation of Colorado Rules of Professional Conduct (Rules) 1.15A and 8.4(c), when he bills a client for services performed by a third party and then uses for his own purposes the client funds he received that were intended to pay for the third party’s services. This proceeding further required the court to determine whether the Presiding Disciplinary Judge’s reading of the Rules violated the attorney’s rights to due process and equal protection. The court concluded that in the circumstances presented here, the attorney’s actions constituted knowing conversion in violation of the Rules and that the Presiding Disciplinary Judge’s construction of the Rules to reach the same result did not violate any of the attorney’s constitutional rights. Accordingly, the court affirmed the orders of the Presiding Disciplinary Judge and the hearing board, including the order disbarring the attorney from the practice of law.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Defendant Not In Custody at Time of Interview so Suppression Order Reversed

The Colorado Supreme Court issued its opinion in People v. Sampson on Monday, October 30, 2017.

Miranda Warnings.

In this interlocutory appeal, the Colorado Supreme Court concluded that a conversation between defendant and a law enforcement officer that took place in a hospital did not constitute custody for Miranda purposes. Under the totality of the circumstances, the court concluded that a reasonable person in defendant’s position would not have believed that his freedom of action had been curtailed to a degree associated with a formal arrest. Assuming without deciding that giving Miranda warnings can be considered in determining whether a suspect is in custody, the court concluded that defendant was not in custody during any part of his conversation with the law enforcement officer. Therefore, the court reversed the trial court’s suppression order.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 10/30/2017

On Monday, October 30, 2017, the Tenth Circuit Court of Appeals issued four 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.