June 16, 2019

Archives for October 7, 2014

Attorney General Candidates Debate at CBA-CLE Offices

AG DebateOn Monday, October 6, 2014, the Colorado Bar Association, along with the Asian Pacific American Bar Association, Colorado GLBT Bar Association, Colorado Hispanic Bar Association, Colorado Women’s Bar Association, and Sam Cary Bar Association sponsored a debate of three candidates for Colorado Attorney General. The debate was moderated by Denver Post political columnist Fred Brown. The candidates included Republican Cynthia Coffman, Democrat Don Quick, and Libertarian David Williams. Each candidate was given an opportunity to introduce themselves and then respond to questions posed by each of the sponsoring bars, the audience, and each other. After two hours of lively discussion and debating, the debate ended, but the candidates and attendees stuck around for more talk with appetizers and sodas hosted by the CBA. More than 120 attendees enjoyed the free event held at the CBA-CLE offices.  A live webcast was also offered for those unable to attend in person.

CJD 11-01 Amended Regarding e-Filing in Criminal Cases

The Colorado State Judicial Branch released Chief Justice Directive 11-01, “Directive Concerning Statewide Electronic Filing Standards,” on Monday, October 6, 2014. The CJD was signed and effective September 30, 2014, in anticipation of the criminal e-filing pilot project scheduled to begin October 6, 2014, in Pueblo.

The amendments to the Chief Justice Directive are meant to address specific issues that will arise in criminal e-filing. In addition, Appendix B was added to specify reasons why cases would be rejected for e-filing.

For the full text of CJD 11-01, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

Tenth Circuit: Unpublished Opinions, 10/7/2014

On Tuesday, October 7, 2014, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

Walton v. Falk

United States v. Wilson

United States v. Deleon-Victorino

Robinson v. Kastner

West v. Farris

United States v. Troyer

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 10/6/2014

On Monday, October 6, 2014, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Hernandez

United States v. Mabry

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 10/3/2014

On Friday, October 3, 2014, the Tenth Circuit Court of Appeals issued one published opinion and no unpublished opinions.

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

JDF Forms Amended in Domestic, Probate, Miscellaneous, and Other Categories

The Colorado State Judicial Branch continued revising forms in August and September. Revised forms include many instructions in the domestic relations category, some probate forms, the flexible caption and other miscellaneous forms, the district civil cover sheet, and more.

Forms are available for download here as PDF documents. For Word versions of most of the forms, visit State Judicial’s Forms page.

DOMESTIC

  • JDF 1099 – “Instructions to File for a Dissolution of Marriage or Legal Separation if there are No Children of this Marriage or if Children are Emancipated” (revised 9/14)
  • JDF 1100 – “Instructions to File Dissolution of Marriage or Legal Separation With Children of this Marriage” (revised 9/14)
  • JDF 1220 – “Instructions to Register a Foreign Decree Pursuant to § 14-11-101, C.R.S.” (revised 9/14)
  • JDF 1266 – “Instructions to File for a Dissolution or Legal Separation of Civil Union if there are No Children of this Civil Union or the Children are Emancipated” (revised 9/14)
  • JDF 1268 – “Instructions to File for a Declaration of Invalidity of a Civil Union (Annulment)” (revised 9/14)
  • JDF 1413i – “Instructions for Allocation of Parental Responsibilities” (revised 9/14)
  • JDF 1600 – “Instructions to File for a Declaration of Invalidity of Marriage (Annulment)” (revised 9/14)

PROBATE

  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 8/14)
  • JDF 862 – “Order Appointing Conservator for Minor” (revised 8/14)
  • JDF 921 – “Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative” (revised 8/14)

MISCELLANEOUS

  • JDF 207 – “Request and Authorization for Payment of Fees” (revised 8/14)
  • Flexible Caption – “Standard Flexible Caption for Pleadings” (revised 8/14)

MONEY CASES

  • JDF 601 – “District Court Civil Cover Sheet” (revised 8/14)

NAME CHANGE

  • JDF 420 – “Instructions for Filing for a Change of Name (Minor)” (revised 9/14)
  • JDF 421 – “Petition for Change of Name (Minor Child)” (revised 9/14)

SEAL MY CASE

  • JDF 416 – “Instructions to File a Petition to Seal Arrest and Other Criminal Records Other Than Convictions” (revised 9/14)

For all of State Judicial’s forms, click here.

Tenth Circuit: Sex Offender Registration Requirements are Necessary and Proper to Regulate Child Pornography

The Tenth Circuit Court of Appeals issued its opinion in United States v. Brune on Friday, September 19, 2014.

Gustave Wilhelm Brune pleaded guilty in 2001 to possession of child pornography. He served 27-months in federal prison, after which he was placed on supervised release. In 2004, he violated a condition of his release and was incarcerated for an additional 21 months. In 2006, he completed his sentence and was released without supervision but was required to register as a sex offender for life under the Kansas Offender Registration Act (KORA) and the national Sex Offender Registration and Notification Act (SORNA). He was required to keep his registration current under both Acts.

Between 2006 and 2011, Brune repeatedly failed to comply with the registration requirements. After an investigation, federal officials charged Brune with failure to register as a sex offender and obtained an arrest warrant. A search of his home incident to the arrest revealed child pornography images on Brune’s computer and that he had accessed a webpage containing child pornography. He was indicted for failing to register under SORNA and accessing with intent to view child pornography under 18 U.S.C. § 2252A(a)(5)(B). He lodged unsuccessful constitutional objections to the charges and eventually pleaded guilty, reserving the right to appeal. On appeal, he argued (1) the Necessary and Proper clause cannot sustain Congress’s decision to enact SORNA; and (2) the conduct prohibited under 18 U.S.C. § 2252A(a)(5)(A) is unconstitutionally overbroad.

Addressing the first argument, the Tenth Circuit analyzed the Supreme Court’s decision in United States v. Kebodeaux, 133 S. Ct. 2496 (2013). In Kebodeaux, the Supreme Court determined that sex offender registration requirements did not violate the Necessary and Proper clause because Congress has the authority to impose punishment for sex offenders and the sex offender registration is necessary and proper to carry out Congress’s power. Applying the Court’s rationale to Brune, the Tenth Circuit found that SORNA survives Brune’s challenge. Brune’s original statute of conviction “plainly withstands constitutional scrutiny as an exercise of congressional authority under the Commerce Clause to regulate the interstate trafficking of child pornography. . . . And because the constitutionality of the underlying statute cannot be reasonably questioned, SORNA’s registration requirements are a limited and rational extension of congressional power, as permitted by the Necessary and Proper Clause.”

As to the second argument, Brune asserted that 18 U.S.C. § 2252A(a)(5)(A) is overbroad because it contains the phrase “or any other material that contains an image of child pornography.” Brune argues that anyone who accesses the internet could be subject to prosecution under § 2252A(a)(5)(A) because there is child pornography on the internet. The Tenth Circuit rejected this argument. Read contextually, the meaning of the statute is easy to ascertain. And, even if there were some ambiguity in the meaning of the statute, the court’s preference is always to support the constitutionality of a statute.

The Tenth Circuit affirmed the district court’s denials of Brune’s motions to dismiss.

Tenth Circuit: Unpublished Opinions, 10/2/2014

On Thursday, October 2, 2014, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Baker

United States v. Zamarripa-Favela

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.