July 17, 2019

Archives for July 21, 2010

Tenth Circuit: Opinions, 7/21/10

Tenth Circuit: Opinions, 7/20/10

The Tenth Circuit on Tuesday issued one published opinion and eight unpublished opinions.


In Sovereign Bank v. Hepner, the Court reversed the district court’s decision by finding that the CCTA does not supersede the Colorado UCC with respect to perfection of motor-vehicle liens. Petitioner Bank, which granted a secured loan to purchase a vehicle, perfected by filing within the statutory  time of twenty days, but Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Colorado before such perfection took place. However, as a purchase money security interest, Petitioner’s lien takes priority over the trustee in bankruptcy’s interest.


United States v. Grayson

Lester v. Kmart Corp.

United States v. Lahr

Hawks v. Mattox

United States v. Montgomery

United States v. Mumford

United States v. Nolan

Kinkaid v. Wal-Mart Stores East

Two New District Court Judgeships Created in Fourth Judicial District

Two new district court judgeships have been created in the Fourth Judicial District, State Judicial announced on Friday, and applicants are being sought for the positions. The new judgeships were authorized by the passage of House Bill 07-1054 (pdf) in 2007, which funded several new positions on district and county court benches in Colorado.

The Fourth District Judicial Nominating Committee plans to convene on Monday, September 13 and Tuesday, September 14, at the El Paso County Judicial Building in Colorado Springs, to vet applicants and recommend nominees to fill the vacancy. The Commission will then recommend finalists for Gov. Bill Ritter to consider for appointment, and the governor will announce his appointees within the 15-day period proscribed by the Colorado Constitution.

The Fourth Judicial District serves the nearly 800,000 residents of El Paso and Teller counties, and its judges hear a mixed docket that includes civil, criminal, domestic relations, juvenile, and probate matters. District court judges receive an annual salary of $128,598, and serve a provisional, two-year term, after which their retention is put to the vote every six years. The new judges’ appointments begin January 1, 2011.

All attorneys licensed to practice in Colorado for at least five years and who are registered electors in the Fourth Judicial District are eligible to apply for the judgeships. Detailed information about the District and the application are available online.

Application packages (consisting of one original application plus seven copies) must be received by the office of Commission ex officio chair, Justice Michael L. Bender, 101 W. Colfax Ave., Eighth Floor, no later than Tuesday, October 19, at 5:00 p.m.

The provisions of HB 07-1054 have created a number of new judgeships announced in recent weeks, including two district court judgeships in Denver’s Second Judicial District and one county court judgeship in the El Paso County Court. Individuals in El Paso County interested in applying for both the District Court and County Court seats must submit separate application packages for each judgeship.

Earlier this month, Judge J. Patrick Kelly and Judge Timothy J. Simmons announced their autumn retirements from the Fourth Judicial District bench. Details about applying to succeed them on the bench are available here.

Tenth Circuit: Opinions, 7/19/10

The Tenth Circuit on Monday issued three published opinions and eight unpublished opinions.


In Iliev v. Holder, Jr., the Court denied and dismissed the Petitioner’s appeal. The immigration court utilized the proper legal standard when analyzing Petitioner’s application for a hardship waiver. Additionally, the remaining elements of the appeal were dismissed as outside the Court’s jurisdiction.

In Mink v. Knox, the Court reversed the district court’s decision and found that Respondent district attorney may be liable for her actions against Petitioner leading up to a libel charge. Respondent does not qualify for qualified immunity as a government official working in that capacity; additionally, the lack of particularity in the warrant providing for seizure of Petitioner’s property lacked particularity in violation of Petitioner’s constitutional rights.

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, the Court affirmed the district court’s decision finding that Petitioner Board of County Commissioners’ denial of Respondent’s special use application violated the Religious Land Use and Institutionalized Persons Act. Petitioners failed to meet the burdens outline by the statute, including the substantial burden, equal terms, and unreasonable limitations provisions.


Fulcher v. City of Wichita

Zorig v. Holder, Jr.

Platta v. Janecka

Hallcy v. Milyard

United States v. Juarez-Lozano

United States v. Garrod

United States v. Brown

United States v. Meridyth