May 21, 2019

Archives for November 14, 2013

Colorado Supreme Court: Facts and Circumstances Created Reasonable Suspicion so Evidence from Vehicle Search Admissible

The Colorado Supreme Court issued its opinion in People v. Crum on Tuesday, November 12, 2013.

Vehicular Search Incident to Arrest—Reasonable Articulable Suspicion—Reasonable Searches and Seizures—Suppression of Evidence.

The Supreme Court held that where a defendant is seen retrieving controlled substances packaged in a manner consistent with the intent to distribute from a vehicle parked late at night in an area known for high volumes of drug activity, and where the defendant attempts to conceal the substances, the facts and circumstances give rise to a reasonable articulable suspicion that the vehicle might contain more evidence of possession of a controlled substance. Under such circumstances, police officers may search the vehicle incident to the defendant’s arrest for possession of a controlled substance. The Court therefore reversed the order of the trial court suppressing evidence discovered during the search.

Summary and full case available here.

Nominees Selected for District Court Vacancies in Second and Eighth Judicial Districts

On Tuesday, November 12, 2013, the Colorado State Judicial Branch announced the selection of three nominees for the vacancy on the Eighth Judicial District Court. Under the Colorado Constitution, the governor has 15 days from November 12 in which to appoint a nominee. The vacancy will be created by the December 19, 2013, retirement of Hon. Dave Williams.

The three nominees are C. Michelle Brinegar, John A. Jostad, and Randall C. Lococo. All three nominees are from Fort Collins. Contact information for the nominees is available on the State Judicial website.

State Judicial announced three nominees for the vacancy on the Denver Juvenile Court on Thursday, November 14, 2013. The vacancy became effective November 4, upon the appointment of Hon. Karen Ashby to the Colorado Court of Appeals.

The three nominees for the Denver Juvenile Court are Laura A. Clark, Andrea L. Eddy, and Susan L. Street, all of Denver. Contact information for these nominees is also available on the State Judicial website. Governor Hickenlooper has 15 days from November 15, 2013, in which to appoint a nominee to the Denver Juvenile Court bench.

CBA Board of Governors Meeting Report

Chief Justice BenderThe Colorado Bar Association Board of Governors met on Saturday, November 9, 2013, at the Broadmoor Hotel in Colorado Springs.

The Board approved all items on the agenda, including a bylaw amendment making the Animal Law Committee a standing committee of the CBA and a bylaw amendment granting the Military & Veterans Affairs Section a seat on the Board of Governors. They sunsetted the Attorney Regulation Committee and Membership Services Committee, and approved several changes to the timing of the petition process for nominations. The Board approved and will recommend to the Supreme Court certain measures to provide additional funding resources for civil legal services, and the continuation of the Environmental Law Section’s Tree Planting Project through 2014 for areas harmed by wildfires and floods in Colorado. The Board also received a report detailing the use of the transferred Attorney Regulation funds for Colorado Legal Services. For a complete description of each item presented, visit bit.ly/1bEi7ja.

Chief Justice Bender received a standing ovation from members of the board as they recognized him for his years of service. During the executive director’s report, Chuck Turner noted that membership retention rates are down slightly. However, that may be a result of the employment difficulties facing many new lawyers.

Law school deans Marty Katz, from the University of Denver, and Phil Weiser, from University of Colorado, held a panel discussion on the future of the legal profession and law schools. This was in response to the May 2013 Board of Governor’s presentation by Mark Lassiter: “Sea Change: Inside the Changing Legal Marketplace.” Katz mentioned that DU has a new website lawjobs.com, which is based on the American Bar Association’s statistics regarding job placement of recent law school graduates. Approximately 91% of 2012 CU and DU law graduates are getting jobs. Weiser discussed the $100,000+ as the average debt of graduates this year at CU Law School. Law schools are currently seeing a gradual decrease in applications and an increase in nontraditional J.D. jobs.

The last segment of the meeting began with an invigorating presentation by Barbara Ezyk regarding the Colorado Lawyers Assistance program. Ezyk had attendees stand up to stretch and then surprised them with Starbucks gift cards taped under five people’s chairs. Emma Garrison spoke for the Young Lawyers Division and their resolution to do as many activities as possible in all areas of the state.

The spring meeting will be held at the Colorado History Museum in Denver on Saturday, May 10.

Colorado Court of Appeals: Announcement Sheet, 11/14/13

On Thursday, November 14, 2013, the Colorado Court of Appeals issued no published opinion and 24 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 11/13/13

On Wednesday, November 13, 2013, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions.

United States v. Stutson

Beattie v. Smith

Case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.