April 22, 2019

Archives for June 6, 2012

Registration Now Open for Denver Senior Law Day and 2012 Senior Law Handbook Available Online

The 2012 Senior Law Handbook is now online! Designed to provide aging adults and their caregivers and families with useful information on subjects relevant to their legal concerns, it is only possible with the generous donation of time and intellect by our volunteer authors. CBA-CLE would like to thank all of the authors for their contributions and willingness to share their expertise with Colorado’s older adults. The 2012 Handbook includes 33 chapters on a variety  of topics ranging from Social Security Benefits to What Seniors Need to Know About Facebook.

You can review and download individual chapters by clicking here.

And, you’ll receive a free copy of the handbook when you attend Senior Law Day in Denver on July 28, 2012. Registration is now open for this annual educational seminar, which presents programs specifically designed for seniors in the Colorado community. This seminar will provide attendees with important and useful information on many issues facing our growing senior citizen population.

If you are a senior, an adult child with an aging parent, or a caregiver, this is one day you cannot afford to miss. Mark your calendar today for this excellent and informative event and click here to register now!

Governor Hickenlooper Signs More Bills, Including Industrial Hemp Bill

In the past few weeks, Governor Hickenlooper has continued his efforts to sign bills into law. So far this legislative session, he has signed 278 bills into law.

Governor Hickenlooper traveled to Ft. Collins on May 22, 2012, to sign the following bill:

  • HB 12-1326Concerning Assistance to the Elderly, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Cindy Acree and Sen. John Kefalas. The bill encourages the State Board of Health Services to raise the monhly Old Age Pension amount and also allows seniors with partial Medicaid eligibility to receive dental assistance and transfers funds to the Senior Services Account.

Governor Hickenlooper signed 29 bills into law on Thursday, May 24, 2012, including one that encourages Colorado’s use of clean energy alternatives. Five of the bills signed that day are summarized here.

  • HB 12-1315Concerning the Reorganization of the Governor’s Energy Office and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jon Becker and Sen. Pat Steadman. The bill reorganizes and renames the Governor’s Energy Office and changes its statutory mission. The bill intends to promote clean and renewable energy.
  • HB 12-1346Concerning Sex Offender Registration.
    Sponsored by Rep. Bob Gardner and Sen. Steve King. The bill establishes requirements for sex offender registration for individuals who do not have a fixed residence.
  • HB 12-1328Concerning Exclusion from the “Uniform Commercial Credit Code” of Certain Charges by Persons Regularly Engaged in Making Contracts for Purchase of Tangible Personal Property in the Course of Business if Those Charges Do Not Exceed Amounts Permitted by Law.
    Sponsored by Rep. Kevin Priola and Sen. Angela Giron. The bill clarifies the appication of the pawnbroker exclusion to the UCCC.
  • HB 12-1307Concerning the Authority of a Nonlawyer Trustee of a Certain Size Trust to Represent the Trust Before the Board of Assessment Appeals.
    Sponsored by Rep. Jim Kerr and Sen. Ellen Roberts. The bill authorizes a nonlawyer trustee to represent its trust before the Board of Assessment Appeals if the total size if the trust is less than $3 million.
  • SB 12-009Concerning the Consolidation of Cash Funds Administered by the Division of Water Resources, and, In Connection Therewith, Making and Reducing Appropriations.
    Sponsored by Sen. Mary Hodge and Rep. Keith Swerdfeger. The bill creates the water resources cash fund, as recommended by the Water Resources Review Committee, and consolidates it into six branches.

On Tuesday, May 29, 2012, Governor Hickenlooper signed 14 bills into law. Four of them are summarized here.

  • SB 12-078Concerning Protections for At-Risk Adults.
    Sponsored by Sen. Evie Hudak and Rep. Sue Schafer. The bill clarifies definitions and modifies requirements regarding the mistreatment, self-neglect, and exploitation of at-risk adults.
  • HB 12-1237Concerning the Records Kept by Unit Owners’ Association of a Common Interest Community.
    Sponsored by Rep. Angela Williams and Sen. Ted Harvey. The bill identifies a list of the records required to be kept by a unit owners’ association for a common interest community.
  • HB 12-1263Concerning Reducing Barriers to Employment by State of Colorado Agencies for People with Criminal Records.
    Sponsored by Rep. Claire Levy and Sen. Pat Steadman. The bill prohibits state agencies from advertising in employment solicitations that people with criminal backgrounds may not apply, and prevents agencies from doing background checks unless a conditional offer has been given.
  • HB 12-1293Concerning Modifications to Procedures that Govern Recall Elections.
    Sponsored by Rep. Nancy Todd and Sen. Keith King. The bill makes various changes and clarifications to the rules governing recall elections.

On Wednesday, May 30, 2012, Governor Hickenlooper signed one bill into law.

  • HB 12-1278Concerning the Authorization of a Study of the South Platte River Alluvial Aquifer, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Randy Fischer and Sen. Scott Renfroe. The bill requires the CWCB in connection with the State Engineer and the Colorado Water Institute to conduct a study to compile historical hydrological data for the South Platte River Basin.

Finally, on Monday, June 4, 2012, Governor Hickenlooper signed 17 bills into law. Four of them are summarized here.

  • HB 12-1261Concerning Effective Educators in Low-Performing, High-Needs Schools, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Judy Solano and Sen. Bob Bacon. The bill requires that teachers and principals holding certification from the National Board for Professional Teaching Standards be awarded a stipend.
  • SB 12-068Concerning Prohibiting the Inclusion of Industrially Produced Trans Fats in Foods Made Available to Students by Public Schools, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Sen. Lucia Guzman and Rep. Tom Massey. The bill prohibits public schools from making available foods or beverages that contain industrially produced trans fats. The bill requires districts with 1,000 or more students to comply and encourages districts with fewer than 1,000 students to comply.
  • HB 12-1099Concerning the Establishment of an Industrial Hemp Remediation Pilot Program to Study Phytoremediation Through the Growth of Hemp on Contaminated Soil, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Wes McKinley and Sens. Lois Tochtrop and Suzanne Williams. The bill allows the Industrial Hemp Remediation Pilot Program to study how contaminated soils and water can be purified by the growth of industrial hemp.
  • HB 12-1314Concerning an Exception to the Requirement to File an Oil and Gas Severance Tax Return for a Person Who Has Less Than a Certain Amount Withheld, and, In Connection Therewith, Making an Appropriation.
    Sponsored by Rep. Jerry Sonnenberg and Sen. Cheri Jahn. The bill creates an exception from filing oil and gas severance tax returns and prohibits the DOR from sending non-filing taxpayers notices of liability unless certain requirements are met.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, please click here.

Tenth Circuit: Trial Court Properly Resentenced Petitioner After Striking Improper Part of Government’s Argument from Original Sentencing Hearing

The Tenth Circuit Court of Appeals published its opinion in United States v. Oakes on Tuesday, June 5, 2012.

The Tenth Circuit affirmed the district court’s decision. “Upon entering a plea agreement with the government, [Petitioner] pleaded guilty . . . to one count of distributing cocaine base. At the sentencing hearing, however, the government breached its promise in the plea agreement not to oppose [Petitioner]’s request that his sentence be concurrent with a prior federal sentence, and the district court sentenced him to 37 months’ imprisonment to run consecutively to the other sentence. When the breach was brought to the court’s attention a few minutes later, the court struck from the record the improper part of the government’s argument but resentenced [Petitioner] to the same consecutive sentence. On appeal [Petitioner] contends that the breach requires that his sentence be vacated and resentencing be set before a different judge.

The Court disagreed. [Petitioner] does not seek, and [the Court] would not order, that he be allowed to withdraw his plea. Therefore, the sole remedy for the government’s breach is resentencing. Ordinarily, [the Court] would order resentencing before another judge. But a defendant can choose to be resentenced before the same judge, that choice can properly be made by defense counsel, and defense counsel made that choice below. Hence, there is no further remedy available for [Petitioner] on direct appeal.

Tenth Circuit: Trooper Lacked Reasonable, Articulable Suspicion of Criminal Activity; Initial Stop of Vehicle Unconstitutional

The Tenth Circuit Court of Appeals published its opinion in United States v. Neff on Tuesday, June 5, 2012.

The Tenth Circuit vacated the district court’s conviction. Petitioner “entered a conditional guilty plea on one count of traveling in interstate commerce with the intent to distribute cocaine. He was sentenced to sixty months’ incarceration. Under the terms of the plea agreement, [Petitioner] reserved his right to appeal the district court’s denial of his motion to suppress evidence. On appeal, [he] argues that the state trooper’s initial stop of his vehicle was unconstitutional because the trooper lacked reasonable, articulable suspicion of criminal activity under Terry v. Ohio, 392 U.S. 1 (1968).”

The Court concluded that the “facts known to the trooper at the time of the initial stop did not rise to the level of reasonable, articulable suspicion by providing a particularized and objective basis for wrongdoing.” The Court therefore reversed the district court’s denial of the motion to suppress and remand with directions to vacate Petitioner’s conviction.

Tenth Circuit: Award of Attorney Fees was Arbitrary; Remand to Determine What Work Warrants Reimbursement

The Tenth Circuit Court of Appeals published its opinion in Zinna v. Congrove on Tuesday, June 5, 2012.

The Tenth Circuit reversed the district court’s decision. Petitioner “appeals the district court’s attorneys’ fee award following a successful 42 U.S.C. § 1983 civil rights suit against [Respondent], a county official. On its consideration of the jury verdict favoring [Petitioner], the district court determined the damage award was nominal and the victory merely technical. It proceeded to award [Petitioner] but $8,000 in attorneys’ fees under § 1988— $1,000 for each day of an eight-day trial. In light of [Tenth Circuit] jurisprudence applying Farrar v. Hobby, 506 U.S. 103, 116-22 (1992) (O’Connor, J., concurring), [the Court concluded] that that the district court’s award was arbitrary, and therefore reversed and remanded to determine what work warrants reimbursement.

Tenth Circuit: Unpublished Opinions, 6/5/12

On Tuesday, June 5, 2012, the Tenth Circuit Court of Appeals issued three published opinions and five unpublished opinions.

Brown v. Gray

Barham v. Town of Greybull Wyoming

United States v. Coates

United States v. Reeves

United States v. Cintron

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