September 22, 2017

Tenth Circuit: Unpublished Opinions, 9/20/2017

On Wednesday, September 20, 2017, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Church Mutual Insurance Co. v. Salt Lake City Laumalie Ma’oni’oni Free Wesleyan Church of Tonga

Laratta v. Foster

Case summaries are not provided for unpublished opinions.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

Tenth Circuit: Unpublished Opinions, 9/19/2017

On Tuesday, September 19, 2017, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Thundathil v. Sessions

Casalina v. Perry

Schupper v. Cafasso

Brown v. LaFerry’s LP Gas Co., Inc.

Sutton v. Van Leeuwen

United States v. Miles

Case summaries are not provided for unpublished opinions.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

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.

Colorado Supreme Court: No Rational Basis Existed in Evidence to Grant Lesser Included Offense Instruction Request

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

Criminal Law—Lesser Non-Included Offenses—Jury Instructions.

The supreme court reviewed the court of appeals’ opinion reversing defendant’s convictions for felony menacing on the ground that defendant was entitled to a jury instruction on the lesser non-included offense of disorderly conduct with a deadly weapon. Under the supreme court’s case law, a defendant is entitled to a jury instruction on a lesser non-included offense where there exists a rational basis in the evidence to simultaneously acquit the defendant of the greater charged offense and convict the defendant of the lesser offense. Here, based on the evidence presented at trial, there was no rational basis for the jury to simultaneously acquit defendant of felony menacing and convict him of disorderly conduct. The court of appeals’ judgment was reversed.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Denial of Defendant’s Requested Lesser Included Offense Instruction Not Harmless Error

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

Criminal Law—Lesser Included Offenses.

The People sought review of the court of appeals’ judgment reversing Rock’s convictions for second degree burglary and theft. The trial court denied Rock’s request for an additional, lesser included offense instruction on second degree criminal trespass on the ground that second degree criminal trespass is not an included offense of second degree burglary. The supreme court affirmed the court of appeals’ reversal. The court held that (1) the district court erred in denying Rock her requested instruction on second degree criminal trespass on the ground that it was not a lesser included offense of the charged offense of second degree burglary, and (2) erroneously denying Rock’s requested instruction was not harmless with regard to either of her convictions.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/15/2017

On Friday, September 15, 2017, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Payton v. State of Kansas

United States v. Thody

Breen v. Black

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

Colorado Supreme Court: Damages Clause Not Void Where Non-offending Party Offered Choice of Actual or Liquidated Damages

The Colorado Supreme Court issued its opinion in Ravenstar, LLC v. One Ski Hill Place, LLC on Monday, September 11, 2017.

Freedom of Contract—Liquidated Damages Clauses—Contractual Damages.

In this case, the Colorado Supreme Court considered whether a liquidated damages clause in a contract is invalid because the contract gives the non-breaching party the option to choose between liquidated damages and actual damages. The court concluded that such an option does not invalidate the clause. Instead, parties are free to contract for a damages provision that allows a non-breaching party to elect between liquidated damages and actual damages. However, such an option must be exclusive, meaning a party who elects to pursue one of the available remedies may not pursue the alternative remedy set forth in the contract. Therefore, under the facts of this case, the liquidated damages clause in the contracts at issue is enforceable. Accordingly, the supreme court affirmed the judgment of the court of appeals.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: 42 U.S.C. § 1988 Damages Not Properly Awarded Under Colorado Election Code

The Colorado Supreme Court issued its opinion in Frazier v. Williams, Colorado Secretary of State on Monday, September 11, 2017.

Election Proceedings under C.R.S. § 1-1-113—42 U.S.C. § 1983—Supremacy Clause.

The Colorado Supreme Court held that claims brought under C.R.S. § 1-1-113 are limited to those alleging a breach or neglect of duty or other wrongful act under the Colorado Election Code. The language of C.R.S. § 1-1-113 limits claims that may be brought to those alleging a breach or neglect of duty or other wrongful act under “this code,” meaning the Colorado Election Code. The court emphasized that Colorado courts remain entirely open for adjudication of 42 U.S.C. § 1983 (2012) claims, including on an expedited basis if a preliminary injunction is sought, and therefore C.R.S. § 1-1-113 does not run afoul of the Supremacy Clause. To the extent that Brown v. Davidson, 192 P.3d 415 (Colo. App. 2006), holds to the contrary, it is overruled.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: § 1983 Claim May Not Be Brought in Colorado Election Code Proceeding

The Colorado Supreme Court issued its opinion in Williams, Colorado Secretary of State v. Libertarian Party of Colorado on Monday, September 11, 2017.

Election Proceedings under C.R.S. § 1-1-113—42 U.S.C. § 1983—Supremacy Clause.

As held in Frazier v. Willaims, 2017 CO 85, ___ P.3d ___, a 42 U.S.C. § 1983 (2012) claim may not be brought in a proceeding under C.R.S. § 1-1-113.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 9/14/2017

On Thursday, September 14, 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.