August 15, 2018

Archives for May 21, 2012

Judge John A. DeVita II Retiring from Jefferson County Court Court Bench

The First Judicial District Nominating Commission will meet at the Jefferson County Courthouse on Wednesday, June 27, 2012, to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for Jefferson County. The vacancy will be created by the retirement of the Honorable John A. DeVita II on August 31.

Eligible applicants for appointment to fill the vacancy must be qualified electors of Jefferson County and must be admitted to the practice of law in Colorado. Applications must be received by Monday, June 11. The appointed county court judge will serve an initial provisional term of two years before facing a retention election. If retained in the general election, judges serve four-year terms.

Further information about applying for the vacancy is available here from the Colorado Judicial Branch.

Judith LaBuda Appointed as District Court Judge in Twentieth Judicial District

On Friday, May 18, 2012, Governor John Hickenlooper announced his appointment of Judith LaBuda to serve as a district court judge in the Twentieth Judicial District, which serves Boulder County. LaBuda will fill a vacancy created by the retirement of the Honorable James C. Klein on June 30.

LaBuda, of Niwot, currently serves as the Senior Assistant Attorney General at the Colorado Attorney General’s Office, where she is general counsel to the Division of Insurance, Commissioner of Insurance, and the State Personnel Board. Previously, LaBuda spent 18 years practicing family law.

LaBuda earned a bachelor’s degree and a master’s degree at the University of Wisconsin-Madison and her law degree from the University of Colorado Law School.

Vacancy on Second Judicial District Court Bench Following Resignation of Judge Christina Habas

The Second Judicial District Nominating Commission will meet June 15, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of District Judge for the Second Judicial District, which serves Denver County. The vacancy will be created by the resignation of the Honorable Christina M. Habas on July 13.

Eligible applicants for appointment to fill the vacancy must be qualified electors of the Second Judicial District and must have been admitted to the practice of law in Colorado for five years. Applications must be received by Friday, June 1. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. If retained in the general election, judges serve six-year terms.

Further information about applying for the vacancy is available here from the Colorado Judicial Branch.

Colorado Supreme Court: Reasonable Suspicion Existed to Justify Investigatory Stop; Order Suppressing Evidence Reversed

The Colorado Supreme Court issued its opinion in People v. Funez-Paiagua on May 21, 2012.

Fourth Amendment—Suppression of Evidence—Reasonable Suspicion—Investigatory Stop.

The Supreme Court reversed the trial court’s order suppressing evidence seized from defendant. The Court held that officers had reasonable suspicion to justify an investigatory stop of Adolph Funez-Paiagua. The facts and circumstances known to the officers at the time of the stop were: (1) it was 1:15 a.m.; (2) criminal activity recently had increased in the area; (3) Funez-Paiagua was standing on the private property of an auto body shop; (4) the shop was closed; (5) no other businesses in the area were open; (6) no other people were nearby; (7) the officer heard a loud crash; (8) Funez-Paiagua fled; and (9) Funez-Paiagua was carrying bags.

The Fourth Amendment to the U.S. and Colorado Constitutions holds that warrantless seizures generally must be supported by probable cause, but an investigatory stop based on reasonable suspicion is an exception to this general rule. The Court held that the facts of the case created reasonable suspicion to justify the investigatory stop.

Summary and full case available here.

Colorado Supreme Court: General Assembly Did Not Grant Condemnation Authority to Companies to Construct Petroleum Pipelines

The Colorado Supreme Court issued its opinion in Larson v. Sinclair Transportation Co. on May 21, 2012.

Real Property—Eminent Domain—Condemnation.

The Supreme Court held that the Colorado General Assembly did not grant, either expressly or by clear implication, condemnation authority to companies to construct petroleum pipelines. Accordingly, Sinclair Transportation Company was not entitled, under CRS § 38-5-105, to immediate possession of easements for the construction of its gasoline pipeline. The judgment of the court of appeals was reversed.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 5/18/12

On Friday, May 18, 2012, the Tenth Circuit Court of Appeals issued no published opinions and eight unpublished opinions.

Unpublished

United States v. Aragones

Allen v. Zavaras

United States v. Rodriguez

Waldo v. Ocwen Loan Servicing, LLC

Keeler v. Aramark

United States v. Coleman

White, Sr. v. Mullins

Tindall v. Freightquote.com, Inc.

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

Tenth Circuit: Unpublished Opinions, 5/17/12

On Thursday, May 17, 2012, the Tenth Circuit Court of Appeals issued no published opinions and eight unpublished opinions.

Unpublished

Lomax v. Davis

United States v. Reyes-Filiciano

United States v. Diaz-Martinez

Remund v. State Farm Fire and Casualty Co.

Maehr v. Comm’r of Internal Revenue

United States v. Laughlin

United State v. Vetaw

Tercero v. Flores Comisario

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