June 26, 2019

Archives for May 25, 2011

New District Court Judgeship Created in the Seventh Judicial District

The Seventh Judicial District Nominating Commission will meet at the Montrose County Justice Center on Monday, June 27, 2011, to interview and select nominees for appointment by Governor Hickenlooper to the office of district judge for the Seventh Judicial District, which serves Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel counties. The new district court judgeship was created pursuant to SB 11-028 and is effective July 1, 2011.

Eligible applicants for appointment to fill the vacancy must be a qualified elector of the Seventh Judicial District and must have been admitted to the practice of law in Colorado for five years. The application deadline is Wednesday, June 15, 2011. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve six-year terms.

Further information about the the new judgeship and applying for the vacancy is available from the Colorado Judicial Branch.

Governor Hickenlooper Signs Seventeen More Bills into Law

On Monday, seventeen more bills reached Governor John Hickenlooper’s desk and were signed into law while the Governor visited Sterling, Fort Collins, Louisville, and Arvada; he also signed bills while traveling between various stops in eastern and northern Colorado. The bills were the twenty-second group to emerge from the 2011 General Assembly.

  • SB 11-199
    • Sponsored by Sen. Tochtrop and Rep. Riesberg. Concerning Workers’ Compensation.
  • SB 11-191
    • Sponsored by Sen. Bacon and Reps. B. Gardner and Levy. Enactment of the “Colorado Uniform Limited Cooperative Association Act.”
  • SB 11-234
    • Sponsored by Sen. Jahn and Rep. Massey. Concerning Residential Real Property Transfer Fee Covenants.
  • SB 11-232
    • Sponsored by Sen. Jahn and Rep. B. Gardner. Concerning the Child Abuse Investigation Surcharge.
  • SB 11-245
    • Sponsored by Sen. Bacon and Rep. Murray. Educator Preparation Programs at Institutions of Higher Education.
  • SB 11-241
    • Sponsored by Sens. S. King and Carroll and Reps. B. Gardner and Kagan. Charges Related to the Operation of the Parole Board, and Making Appropriations in Connection Therewith.
  • SB 11-261
    • Sponsored by Sen. Roberts and Rep. B. Gardner. Publication of the Colorado Revised Statutes by Persons Other than the General Assembly.
  • SB 11-076
    • Sponsored by Sen. Steadman and Rep. Becker. Continuation of a Temporary Modification to the Contribution Rates for Certain Divisions of the Public Employees’ Retirement Association.
  • SB 11-066
    • Sponsored by Sen. Jahn and Rep. B. Gardner. Issuance of Special Event Permits to Serve Alcoholic Beverages.
  • SB 11-091
    • Sponsored by Sen. Brophy and Rep. McKinley. Continuation of the State Board of Veterinary Medicine, and Implementing the Recommendations in the Sunset Review.
  • SB 11-125
    • Sponsored by Sen. White and Rep. Sonnenberg. Concerning Medicaid Nursing Facility Provider Fees.
  • SB 11-111
    • Sponsored by Sen. K. King and Rep. Massey. Creation of a Task Force to Address the Provisions of Educational Services to Support Students’ Academic Success.
  • SB 11-166
    • Sponsored by Sen. Johnston and Rep. Wilson. Concerning the “Uniform Disclaimer Property Interest Act.”
  • SB 11-195
    • Sponsored by Sen. Brophy and Rep. Sonnenberg. Concerning the Residency of a Health Care Provider Who Verifies a Person’s Disability for the Purpose of Obtaining Credentials to Park in Reserved Spaces.
  • SB 11-133
    • Sponsored by Sens. Hudak and Newell and Rep. Nikkel. A Study of Disciplinary Actions Taken in Public Schools.
  • HB 11-1005
    • Sponsored by Reps. Sonnenberg and Becker and Sen. Brophy. Repeal of HB 10-1195 Regarding a Suspension of the Exemption from the State Sales and Use Taxes.
  • HB 11-1045
    • Sponsored by Rep. Kefalas and Sen. Newell. Modifications to the Colorado Innovation Investment Tax Credit.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

Tenth Circuit: Unpublished Opinions, 5/23/11

On Monday, May 23, 2011, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.

Unpublished

United States v. Wesley

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Evidence from Wiretaps Authorized Under Outdated AG Order Still Admissible as New Order Merely Expanded Authorizing Scope of Outdated Order

The Tenth Circuit Court of Appeals issued its opinion in United States v. Foy on Monday, May 23, 2011.

The Tenth Circuit affirmed in part and reversed in part the district court’s conviction and sentence. Petitioner was found guilty of conspiring to manufacture, possess with intent to distribute, or to distribute cocaine, as well as attempting to possess with intent to distribute between 500 grams and less than five kilograms of cocaine. Petitioner argues that the district court erred in denying his motion to suppress evidence obtained from the wiretaps, and that venue regarding his attempt charge was improper. The Court found that the wiretap evidence was properly admitted. Although the successive wiretap authorizations were granted under an outdated AG Order, the new Order merely expanded the scope of those with authority to grant the wiretaps, and there the wiretaps sought in this situation were necessary. However, the Court agreed that venue for the attempt charge was improper; there is no evidence that Petitioner committed any act which constitutes a substantial step toward the commission of the substantive offense in the District of Kansas.