April 20, 2019

Archives for June 19, 2012

Secretary of State Proposes Amendments to Election Rules

The Colorado Secretary of State is considering amendments to the election rules “in order to improve the administration and enforcement of Colorado elections law.” Specifically, the Secretary is considering rules necessary to implement amendments to the election laws made during the 2012 legislative session.

Additional rule revisions concern changes to an elector’ s voter registration status, permanent adoption of current temporary election rules, mail ballot elections, mail-in voting, procedures for processing changes to voter records in the statewide voter registration database, procedures for processing mail, mail-in, and provisional ballots, canvass board processes including the board’s role and duties, and technical corrections.

A hearing on the proposed rule changes will be held on Monday, July 23, 2012 at the Secretary of State’s Office, Aspen Conference Room – 3rd Floor, 1700 Broadway, Denver, Colorado 80290, beginning at 2:00 pm.

Full text of the proposed rule changes can be found here. Further information about the rule changes and hearing can be found here.

Tenth Circuit: Proposed Class of Defective Car Owners Denied as Prudentially Moot

The Tenth Circuit Court of Appeals published its opinion in Winzler v. Toyota Motor Sales U.S.A., Inc. on Monday, June 18, 2012.

The Tenth Circuit vacated the district court’s decision. Petitioner “brought state law claims against Toyota on behalf of a proposed nationwide class of 2006 Toyota Corolla and Toyota Corolla Matrix owners and lessees. She alleged that the cars harbored defective ‘Engine Control Modules’ (“ECMs”), making them prone to stall without warning. As relief, she asked for an order requiring Toyota to notify all relevant owners of the defect and then to create and coordinate an equitable fund to pay for repairs. . . . “Before addressing whether [Petitioner]’s class should be certified, the district court held her complaint failed to state a claim and dismissed it. . . . And then, just as [Petitioner] began her appeal, Toyota announced a nationwide recall of 2005-2008 Toyota Corolla and Corolla Matrix cars to fix their ECMs. The ongoing recall is taking place under the auspices of the National Traffic and Motor Vehicle Safety Act. That statute obliges Toyota to notify owners of the defect and repair or replace any faulty parts at no cost. And the whole process is overseen by the National Highway Transportation Safety Administration (“NHTSA”), an agency of the Department of Transportation that can issue stiff fines if the company fails to carry out the recall to its satisfaction. Arguing that these statutory and regulatory processes promise [Petitioner] exactly the relief sought in her complaint, Toyota has asked this court to find that events have overtaken her suit and rendered it moot.”

“Because prudential mootness is arguably the narrowest of the many bases Toyota has suggested for dismissal, and because it is sufficient to that task, . . . [the Court granted] the motion to supplement the record and . . . following [the] general practice when finding a case moot (prudentially or otherwise) on appeal,” the Court vacated the district court’s judgment and remanded with instructions to dismiss the case as moot.

Tenth Circuit: Claims that Prosecutorial Misconduct Affected Integrity of Proceedings Were Remanded for Resolution

The Tenth Circuit Court of Appeals published its opinion in In re Pickard/In re Apperson on Monday, June 18, 2012.

The Tenth Circuit affirmed in part and remanded to the district court. Petitioners were convicted of drug-related crimes and an important witness for the prosecution was a criminal associate of theirs and informant. After the convictions were affirmed on appeal, they filed district-court motions under Fed. R. Civ. P. 60(b) to set aside the court’s judgment in the § 2255 proceedings, raising multiple claims. “The claims relevant to this appeal are that evidence newly discovered by them through Freedom of Information Act (FOIA) requests shows (1) that the prosecution violated its Brady/Giglio duties at trial and (2) that the prosecution made a false statement in the § 2255 proceedings that forestalled the discovery from which they could have established that there had been a Brady/Giglio violation at trial.” The district court ruled that the claims of prosecutorial misconduct amounted to second-or-successive claims under § 2255, which it could not consider without authorization from this court. It therefore transferred the claims to the Tenth Circuit.

The Court agreed with the district court that Petitioners’ “claims of Brady/Giglio violations at trial are second-or-successive claims; and because [Petitioners] have not established the requisites for authorizing a second-or-successive claim,” the authorization was denied. “On the other hand, [Petitioners]’ claims that prosecutorial misconduct in the § 2255 proceedings affected the integrity of those proceedings are proper Rule 60(b) claims,” and those claims were remanded for resolution.

Tenth Circuit: Unpublished Opinions, 6/18/12

On Monday, June 18, 2012, the Tenth Circuit Court of Appeals issued three published opinions and four unpublished opinions.

Ford v. Donley

Buckland v. Buckland

Wu v. Holder, Jr.

Creamer v. Smith County Sheriff’s Dep’t

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

The Google-Powered Law Office: Quick Tips for Gmail and Word Processing

On June 29, Carole Levitt and Mark Rosch, internationally recognized Internet trainers and authors of five American Bar Association books, will be in the CBA-CLE classroom to show you how super-charging your Google search strategies will assist you in your discovery and trial preparation needs, in addition to locating missing persons and successfully completing transactions.

In anticipation of their presentation, they have provided two quick Google Apps/Docs tips to enhance your email communications and word processing to the next level. Carole and Mark will be discussing these and many more amazing and often untapped Google features and resources on the 29th – click here for registration information or view more options below.

Undo Sending a Gmail Message

At one time or another, just about all of us have inadvertently sent an email message before we’ve actually finished writing it or pressed “Send” on a message that we never actually intended to send. Gmail and Google Apps for Business give users the ability “undo” that mistake.

While not all that new anymore, the ability to recall a message after you’ve clicked the send button, but before it’s actually been sent, is still surprisingly little-known. “Undo Send” lets you set a cancellation period—up to 30 seconds—within which you can pull that message back.

To turn on this feature, click the gear icon in the upper right-hand corner of the Gmail Inbox window and then scroll down, check the “Enable Undo Send” box, and select an amount of time (5, 10, 20, or 30 seconds) in which you can undo sending a message.

After you send an email with “Undo Send” enabled, a blue “Undo” link appears at the top of your screen. Clicking the link pulls the message back from being sent and reopens the message in a composition window so you can edit (or delete) it.

Customizable Styles in Google Docs

One of the complaints we hear most about Google Docs is the lack of sophisticated styles, like those found in packaged commercial word processing software. This is one of the areas where Google Docs has made some of its biggest strides. Now, not only can you set styles using a drop-down menu on the Google Docs toolbar, but you can also customize and automatically update existing styles throughout an entire document.

Previously, if you wanted to update all the text assigned the style Heading 1 in your document to look a particular way, you had to change each of them one at a time. Now you can customize all the Headings, Titles, Subtitles, and regular text in your documents using an intuitive “Styles” drop-drown menu or using your mouse buttons. For example, if you want to change all the text assigned the style Heading 1 in your document to be a 10 point Arial bold, you can select one line of type to which you’ve assigned the style Heading 1, change it to 10 point Arial bold, select it, right click, and choose “Update Heading 1 to match selection.” This will change all the text assigned the style Heading 1 already in your document and automatically update the style for any new text you assign the style Heading 1.

Using the “Options” menu in the styles drop-down, you can also save the current document’s styles as your new default set of styles for new documents.

CLE Program: The Google-Powered Law Office – Search Tricks, Cloud Apps, and Research Tips

This CLE presentation will take place on Friday, June 29. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a DVD homestudy.

Finalists Selected to Fill Judgeship on Second Judicial District Court

The Second Judicial District Nominating Commission has nominated three candidates for a district court judgeship created by the resignation of the Honorable Christina M. Habas on July 13, 2012.

The nominees for the bench are Daniel Christopher, Kandace Gerdes, and Elizabeth Starrs. All nominees are from Denver and were selected by the commission on June 15.

Under the Colorado Constitution, Governor Hickenlooper has until July 3 to appoint one of the nominees as District Court Judge for the Second Judicial District, which serves Denver County.