January 16, 2018

Archives for December 27, 2017

Judge Ted Tow III Appointed to Colorado Court of Appeals

On Friday, December 15, 2017, the governor appointed Judge Ted C. Tow, III, to the Colorado Court of Appeals. Judge Tow will fill a vacancy created by the retirement of Hon. Dennis Graham, effective February 12, 2018.

Judge Tow is currently a District Court Judge in the 17th Judicial District, where he has served since November 2010. He oversees a civil and domestic relations docket. Prior to his appointment to the bench, he practiced for several years in Chicago and Denver in labor and employment, then served as a Deputy District Attorney in the Seventeenth Judicial District for seven years. He was also the District Director for the Colorado District Attorneys’ Council prior to his appointment to the bench. He received his undergraduate degree from the University of Kansas and his law degree from Wayne State University Law School.

For more information about the appointment, click here.

Colorado Court of Appeals: Trial Court Erroneously Denied Defendant’s Challenge for Cause

The Colorado Court of Appeals issued its opinion in People v. Abu-Nantambu-El on Thursday, December 14, 2017.

Juror—Challenge for Cause—Law Enforcement Agency—C.R.S. § 16-10-103—Disqualification—Res Gestae Evidence.

Defendant forced his way into an apartment and physically attacked the occupants, one of whom died from the result of stab wounds. A jury convicted defendant of multiple offenses against two victims, including first degree murder (felony murder); second degree murder; first degree burglary (assault/menace); and first degree burglary (armed with explosives/weapon).

On appeal, defendant argued that the trial court erred in denying his challenge to a juror who was a compensated employee of a law enforcement agency. The Attorney General conceded that the court should have excused the juror, but contended that reversal was not required because the juror did not indicate that she was actually biased. The juror was disqualified under C.R.S. § 16-10-103(1)(k), which sets out categories of jurors deemed to be impliedly biased. This statute does not require a showing of actual bias that would violate due process.

Defendant also argued that the trial court erred in admitting as res gestae evidence about defendant’s emotional state after a friend (one of the victims at issue in this case) left him at a 7-Eleven store three days before the charged offenses. This evidence provided context for the jury and a more complete understanding of events leading up to the charged offenses and was properly admitted.

The judgment was reversed and the case was remanded for a new trial.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 12/21/2017

On Thursday, December 21, 2017, the Colorado Court of Appeals issued no published opinion and 36 unpublished opinions.

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, 12/22/2017

On Friday, December 22, 2017, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.

United States v. Ingram

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