April 18, 2019

Archives for June 5, 2012

Finalists Selected to Fill Judgeship on San Miguel County Court

The Seventh Judicial District Nominating Commission has nominated three candidates for a San Miguel County court judgeship created by the May 5, 2012, passing of the Honorable Sharon E. Shuteran.

The nominees for the bench are Scott Erickson and Jennifer Fox, both of Telluride, and Susanne Ross of Ophir. All candidates were selected by the commission on June 4.

Under the Colorado Constitution, Governor Hickenlooper has until June 19 to appoint one of the nominees as County Court Judge for San Miguel County.

Colorado Supreme Court: Review of Final District Court Order Affecting County Court Case Is Available in the Court of Appeals

The Colorado Supreme Court issued its opinion in People v. Maser on June 4, 2012.

Appellate Jurisdiction – Appeals from the District Court

The supreme court holds that the court of appeals has jurisdiction to review a final judgment from the district court, even when it is questionable whether the district court had jurisdiction in a case that was not properly transferred from the county court. The supreme court recognizes the important public policy underlying the organized resolution of legal disputes, especially in areas where the county court and district court retain concurrent jurisdiction, and thus holds that review of a final district court order affecting a county court case is available in the court of appeals.

Summary and full case available here.

Colorado Supreme Court: Suspect Who Consents to Officer Entering Dwelling to Monitor Another Person Permits Officer to Ask Monitored Person for Identifying Information

The Colorado Supreme Court issued its opinion in People v. Arapu on June 4, 2012.

Scope of a suspect’s consent to search a dwelling, review of a redacted affidavit supporting a search warrant, independent source rule

The supreme court holds that a suspect who consents to a law enforcement officer entering his dwelling to monitor another person inside permits the law enforcement officer to ask the monitored person for identifying information. The supreme court also holds that a suspect who consents to a law enforcement officer remaining inside his dwelling — to gather belongings and to secure the dwelling — permits the law enforcement officer to remain in the apartment until all law enforecement personnel have left the dwelling. Thus, the supreme court reverses the district court’s suppression of the drug-related evidence. The supreme court also reverses the district court’s suppression of a firearm because it would have been discovered in a search pursuant to a warrant supported by a redacted affidavit that independently established probable cause to search the apartment for drug-related evidence. Accordingly, the supreme court remands this case to the district court for proceedings consistent with its opinion.

Summary and full case available here.

Colorado Supreme Court: Recorded Deed of Trust that Omits Legal Description Is Defectively Recorded and Cannot Provide Constructive Notice

The Colorado Supreme Court issued its opinion in Sender v. Cygan (In re Rivera) on June 4, 2012.

Real Property – Recording – Sufficient 11 notice

In response to a certified question posed by the United States Bankruptcy Court for the District of Colorado, the supreme court holds that a recorded deed of trust that completely omits a legal description is defectively recorded and cannot provide constructive notice to a subsequent purchaser of another party’s security interest in the property. The supreme court holds that, under the circumstances of this case, actual knowledge cannot be imputed to the trustee, and the deed of trust did not otherwise provide sufficient notice of the defendant’s security interest in the debtor’s property.  The supreme court therefore answers the certified question in the negative and returns the case to the United States Bankruptcy Court for the District of Colorado for further proceedings.

Summary and full case available here.

Tenth Circuit: No Opinions, 6/4/12

On Monday, June 4, 2012, the Tenth Circuit Court of Appeals issued no opinions.