June 23, 2018

Archives for December 22, 2017

Colorado Court of Appeals: Statutory “First Petition Filed with the Court” Language Does Not Encompass Later Additions

The Colorado Court of Appeals issued its opinion in People in Interest of I.S. on Thursday, December 14, 2017.

Juvenile—Sex Offender Registration—Exemption—C.R.S. § 16-22-103.

I.S., a juvenile, was originally charged in a delinquency petition with three felony counts of sexual assault on a child. Under a plea deal, the prosecution added a fourth misdemeanor count of unlawful sexual contact to its petition, to which I.S. pleaded guilty in return for the three felony counts being dismissed. At sentencing, I.S. argued that because the prosecution had added a misdemeanor offense to the first petition instead of filing a second petition, his misdemeanor offense had been charged in the first petition as required by C.R.S. § 16-22-103(5)(a)(III) and he was thus exempt from registering as a sex offender. Because the first petition filed with the court charged I.S. with the three felony counts of sexual assault on a child and not the misdemeanor, the district court ruled that I.S. must register as a sex offender.

On appeal, I.S. contended that the court erred in denying his request for exemption from sex offender registration. Under C.R.S. § 16-22-103(5)(a), a court may exempt a person from registering as a sex offender when five criteria are met, including the requirement that the first petition filed with the court must charge a misdemeanor offense of either unlawful sexual contact or indecent exposure. The “first petition filed with the court” does not encompass later amendments to that petition. Because the original petition in this case did not charge a misdemeanor offense of either unlawful sexual contact or indecent exposure, I.S. is not eligible for relief under this statute and must register as a sex offender.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Juvenile Court Magistrate Has Jurisdiction to Consider Motion to Withdraw Previous Guilty Plea

The Colorado Court of Appeals issued its opinion in People in Interest of J.D. on Thursday, December 14, 2017.

Juvenile Delinquency—Plea Agreement—Ineffective Assistance of Counsel—Withdrawal of Plea—Magistrate—Jurisdiction.

J.D. appeared before a magistrate in a delinquency case. He was represented by counsel and signed an “advisement of rights in a juvenile delinquency proceeding” and pleaded guilty to acts that if committed by an adult would have constituted second degree criminal trespass. The magistrate accepted the plea and entered a one-year deferred adjudication. After the prosecution sought restitution and J.D. failed to file an objection within the deadline, the magistrate ordered restitution. Four months later and through new counsel, J.D. moved to withdraw his guilty plea under Crim. P. 32(d) based on ineffective assistance of plea counsel for improperly advising J.D. as to the likely restitution amount and the bankruptcy consequences of restitution, as well as failing to formally withdraw as J.D.’s counsel. The magistrate granted the motion and vacated the plea. On review, the district court judge held that the magistrate lacked jurisdiction to hear J.D.’s motion and vacated the order.

On appeal, J.D. argued that the magistrate had authority to enter the order withdrawing his guilty plea and the district court erred in vacating that order. Because the issue of which judicial officers have authority in particular cases is substantive, not procedural, the Children’s Code prevails over any conflicting provisions in the Colorado Rules for Magistrates. The Children’s Code authorizes the juvenile court to appoint magistrates “to hear any case or matter under the court’s jurisdiction, except where a jury trial has been requested . . . .” The magistrate had jurisdiction to consider J.D.’s Crim. P. 32(d) motion.

The district court’s order was reversed and the magistrate’s order vacating the plea was reinstated. The case was remanded to the district court to address the merits of the People’s petition to review the magistrate’s order under C.R.S. § 19-1-108(5.5).

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 12/21/2017

On Thursday, December 21, 2017, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

United States v. Coleman

Vasquez Arroyo v. Pryor

United States v. Reed

United States v. Etenyi

Jones v. Berryhill

United States v. Hopson

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