June 20, 2019

Archives for January 25, 2013

2013 Cost of Living Adjustment Figures for Colorado Probate Code Available

The Colorado Department of Revenue released its 2013 Cost of Living Adjustment (COLA) figures for certain amounts in the Colorado Probate Code, as required by C.R.S. § 15-10-112. The COLA figures affect decedents’ estates, elective shares, exempt property under C.R.S. § 15-11-403, lump sum distributions of family allowances, and collection of personal property by affidavit. Trust and estate practitioners should be aware of the new figures.

2013 Cost of Living Adjustments from the Colorado Department of Revenue

Lawyers Needed to Assist with USDA Hispanic and Women Farmers and Ranchers Claim Process

The United States Government has made $1.33 billion available to resolve claims of discrimination by individual Hispanic and women ranchers and farmers for certain periods between 1981 and 2000. The payment awards are available to claimants in three tiers depending on the type and amount of evidence presented to prove the claim.

The National Agricultural Law Center and Farmers’ Legal Action Group, Inc. are developing a network of attorneys to assist claimants pro bono or at a reduced rate capped by the USDA. Attorneys who wish to be listed in the Legal Assistance Network will have their names published in the Legal Assistance Network referral list, available publicly on the National Agricultural Law Center website.

For more information about the Legal Assistance Network, click here, or send your name, state(s) of registration, and attorney registration number(s) to nataglaw@uark.edu for more information and a training video.

Tenth Circuit: FRE 404(b) Evidence Properly Admitted to Show Knowing Possession of Firearm By Felon

The Tenth Circuit published its opinion in United States v. McGlothin on Thursday, January 24, 2013.

A jury found Timothy McGlothin guilty of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). Before trial, McGlothin filed a motion in limine to exclude two incidents where he had previously possessed a firearm. He argued neither incident was relevant to the question whether he constructively possessed the Glock but would be offered to show mere propensity and so should be excluded under FRE 404(b). He also argued that even if the incidents were relevant, the probative value of the evidence was substantially outweighed by the danger of unfair prejudice under FRE 403. The district court conditionally denied the motion, reserving a final ruling until trial. Because the denial was conditional, McGlothin was placed on notice of the need to renew his objection at trial. His failure to do so meant the Tenth Circuit reviewed for plain error.

McGlothlin admitted he had handled the gun, but argued he did not possess the gun, which was found in an apartment he lived in and furnished. The Tenth Circuit held “when a defendant places his intent at issue, the defendant’s prior acts of weapon possession are relevant for the proper purpose of demonstrating the charged act of firearm possession was knowingly undertaken.” The court found testimony placing the gun in the defendant’s possession not long before the time of his arrest to be highly relevant. McGlothlin had attacked a woman with a Glock and the victim testified about the attack. The court held that “given its exceptionally probative value, this court cannot conclude its potential for undue prejudice so completely outweighed its probative value that the district court plainly erred in refusing to exclude Waits’s testimony.”

Finally, the court found that even if plain error had occurred, any such error would not have affected McGlothlin’s substantial rights, given the overwhelming evidence that McGlothin constructively possessed the Glock.

Tenth Circuit: Unpublished Opinions, 1/24/13

On Thursday, January 24, 2013, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Henning v. Union Pacific

United States v. Turner

United States v. Shaw, Jr.

United States v. Gonzalez-Calzadillas

United States v. Randle

Fagan v. Roberts

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

SB 13-011: Authorizing Civil Unions in Colorado

On Wednesday, January 9, 2013, Sen. Pat Steadman introduced SB 13-011 – Concerning Authorization of Civil Unions. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates the “Colorado Civil Union Act” (Act) to authorize any two unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill.The CBA LPC voted to support this legislation on Jan. 18, 2013. Assigned to the Judiciary Committee.

 

SB 13-018: Specifying Purposes for Which an Employer or Potential Employer May Use Consumer Credit Information

On Wednesday, January 9, 2013, Sen. Jessie Ulibarri introduced SB 13-018 – Concerning the Use of Consumer Credit Information by Employers. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates the “Employment Opportunity Act,” which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as “employer”). Specifically, the bill:

  • Prohibits an employer’s use of consumer credit information for employment purposes if the information is unrelated to the job;
  • Requires an employer to disclose to an employee or applicant for employment (jointly referred to as “employee”) when the employer uses the employee’s consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
  • Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
  • Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information.

Assigned to the Business, Labor, and Technology Committee.

HB 13-1016: Changing Distribution Mechanism for Payable-On-Death Amounts

On Wednesday, January 9, 2013, Rep. Bob Gardner and Sen. Cheri Jahn introduced HB 13-1016 – Concerning the Distribution to Beneficiaries of Amounts in Pay-On-Death (POD) Financial Institution Accounts Pursuant to Written Designation in the Records of the Financial Institution. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law provides that a financial institution account with a pay-on-death (POD) designation naming two or more beneficiaries must be paid to the surviving beneficiaries in equal shares, with no ability of the account owner to designate different proportions to each beneficiary. The bill changes the law to allow an account owner to specify something other than an equal division of a POD account. If one or more beneficiaries of the POD account predecease the account owner, the designation reverts to equal distribution unless the account owner amends the POD designation to dictate some other distribution. Assigned to the Judiciary Committee.

HB 13-1015: Allowing Reporting of Certain Mental Health Information by Small Group Carriers

On January 9, 2013, Rep. Tracy Kraft-Tharp and Sen. John Kefalas introduced HB 13-1015 – Concerning Elimination of the Prohibition Against Disclosure of Mental Health Claims Information by Small Group Health Plans. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law prohibits small group health plans from disclosing mental health history, diagnosis, or treatment services information received in an initial application for coverage, or in subsequent claims for benefits, without the written consent of the insured person. The bill repeals this prohibition, thereby enabling small group carriers to report mental health claims data to the all-payer claims database. Assigned to the Health, Insurance & Environment Committee.