April 22, 2019

Archives for June 5, 2013

In Memoriam: James E. Wallace, Professor Emeritus of Law at the University of Denver

WallaceThe University of Denver Sturm College of Law reported that James E. Wallace, Professor Emeritus of Law, died peacefully at his home on Tuesday, May 28, 2013.

Professor Wallace received his A.B. in 1943 at the University of California at Los Angeles. He got his LL.B. from University of California at Berkeley in 1949, and received a B.D. from the Princeton Theological Seminary in 1960. He began his teaching career at the Princeton Theological Seminary, and was recruited to teach at DU in 1967.

Professor Wallace taught at DU for over three decades. He directed the Professional Responsibility program while faculty and continuing after his retirement. He was instrumental in developing the Law and Society Association, and was its executive director for many years. His tenure at DU also included a stint as Associate Dean of Academic Affairs.

Professor Wallace was also very active in his community. He was a frequent presenter for the Colorado Bar Association’s Continuing Legal Education programs; a member of the CBA Ethics Committee and the Joint CBA Task Force on Professionalism; a member of several Colorado Supreme Court committees, including the Model Rules Committee; and a municipal judge for Greenwood Village.

His memorial service will be held Friday, June 21, at Bethany Lutheran Church. His family asks that, in lieu of flowers, donations be made in his name to the Salvation Army and Habitat for Humanity of Metro Denver.

Colorado Supreme Court: Evidence Produced by Dog’s Sniff for Drugs Rightly Suppressed by Trial Court Since No Suspicion Supported Dog Sniff

The Colorado Supreme Court issued its opinion in People v. Mason on Monday, June 3, 2013.

Interlocutory Appeal—Reasonable Articulable Suspicion—Suppression of Evidence.

The People filed an interlocutory appeal pursuant to CRS § 16-12-102(2) and CAR 4.1, challenging the trial court’s suppression of drugs discovered in defendant’s pickup truck. Grounds for the search came from the alert of a narcotics detection canine led around the vehicle. Although the district court upheld the initial traffic stop, it found that defendant was illegally detained at the time of the dog sniff, because the purpose for the initial stop of his vehicle had already been accomplished and no other reasonable suspicion existed to support further investigation. The court therefore suppressed the results of the subsequent search as the product of an illegal detention.

The Supreme Court affirmed, holding that because the prosecution failed to present any evidence supporting police suspicions that defendant had committed, was committing, or was about to commit a crime other than traffic offenses, they lacked reasonable articulable suspicion to detain him for further questioning or investigation after issuing him a summons and completing the traffic stop. The contraband seized from defendant’s vehicle therefore was properly suppressed as the product of an illegal detention.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 6/4/13

On Tuesday, June 4, 2013, the Tenth Circuit Court of Appeals issued two published opinions and five unpublished opinion.

McCormick v. City of McAlester

Kerchee v. Smith

United States v. Vaughan

Brazell v. Waite

Unishippers Global Logistics v. DHL Express

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