August 23, 2019

Archives for September 26, 2012

Finalists Selected for Judgeship on Colorado Court of Appeals

On Wednesday, September 26, 2012, the Colorado Court of Appeals Judicial Nominating Commission announced the selection of three finalists  to fill a vacancy created by the resignation of the Honorable Robert M. Russel, effective November 3, 2012.

The nominees for the Court of Appeals bench are Robert T. Fishman of Denver, Russell H. Granger of Georgetown, and Anthony Navarro of Denver. The finalists were selected during meetings on September 24 and 25.

Under the Colorado Constitution, the governor must appoint one of the nominees to the bench within 15 days. Comments regarding any of the nominees may be sent to Governor Hickenlooper at judicial.appointments@state.co.us. Contact information for the nominees may be found on the Colorado State Judicial Branch website.

Tenth Circuit: Unpublished Opinions, 9/25/12

On Tuesday, September 25, 2012, the Tenth Circuit Court of Appeals issued no published opinions and nine unpublished opinions.

United States v. Belin

United States v. Chavira-Nunez

Hernandez-Luis v. Holder

United States v. McDonald

United States v. Zamudio-Beltran

Warren v. Vigil

Carbajal v. Holman

Faison v. Belcher

Carbajal v. City and County of Denver

No case summaries are provided for unpublished opinions.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

Tenth Circuit: One-Year Statute of Limitations Barred Defendant’s Motion for Relief Under 28 U.S.C. § 2255

The Tenth Circuit Court of Appeals published its opinion in United States v. Denny on Monday, September 24, 2012.

Defendant Travis Denny pled guilty to possession of cocaine and was sentenced to 240 months’ imprisonment. Due to a misunderstanding with his lawyer, defendant assumed an appeal would be filed objecting to his sentence pursuant to 28 U.S.C. § 2255. However, his lawyer understood that no appeal would be filed. Eventually, defendant discovered no appeal had been filed and filed a § 2255 motion pro se.  The court ruled that his motion was time-barred under the one-year limitations period of the Antiterrorism and Effective Death Penalty Act of 1996. Defendant then sought a certificate of appealability (COA) to allow him to appeal the district court’s dismissal of his motion. The Tenth Circuit granted the COA.

The issue on appeal was whether the defendant acted with reasonable diligence after he acquired the information that no appeal had been filed. Once the Defendant discovered this fact, the one-year statute of limitations began to run. Defendant discovered no appeal had been filed in September 2008, and filed his motion in November 2009, over one year later. Accordingly, the district court’s dismissal of defendant’s claim was AFFIRMED.

Tenth Circuit: Published Opinions, 9/24/12

The Tenth Circuit issued one published opinion and no unpublished opinions on Monday, September 24, 2012. Published opinions are summarized courtesy of CBA-CLE. No summaries are provided for unpublished opinions.