July 23, 2019

Archives for March 19, 2015

Bills Regarding Trustee Notification, Recorded Documents, and More Signed

On Wednesday, March 18, 2015, Governor Hickenlooper signed nine bills into law. Governor Hickenlooper has now signed 58 bills this legislative session. The bills signed Wednesday are summarized here.

  • HB 15-1010 – Concerning a Presumption that a Trustee has Notified a Beneficiary when the Trustee has Adopted a Beneficiary Notification Procedure, and, in Connection Therewith, Clarifying that a Trustee May Deliver Information to Beneficiaries Electronically, by Reps. Tracy Kraft-Tharp & Dan Nordberg and Sen. Cheri Jahn. The bill creates a presumption that a beneficiary of a trust has received notifications about the status of a trust when the trustee has notification procedures in place, and also allows electronic notifications for beneficiaries who elect electronic notifications.
  • HB 15-1022 – Concerning Juveniles Charged with Certain Minor Offenses, by Rep. Beth McCann and Sens. Pat Steadman & John Cooke. The bill allows police officers to issue petty offense tickets to juveniles if certain conditions are met.
  • HB 15-1028 – Concerning Repeal of the Mercantile Licensing Standards, by Rep. Jon Keyser and Sen. Cheri Jahn. The bill repeals licensing requirements for merchants because the requirements are not enforced.
  • HB 15-1062 – Concerning Increasing the Penalties for Persons who Engage in Animal Fighting, by Reps. Jovan Melton & Steve Lebsock and Sens. David Balmer & Jerry Sonnenberg. The bill requires mandatory fines for convictions for animal fighting.
  • HB 15-1064 – Concerning Access to the Safe Deposit Box of a Decedent, and, in Connection Therewith, Limiting the Obligations of Custodians who Access the Box, by Rep. Dan Nordberg and Sen. Chris Holbert. The bill clarifies who has access to a decedent’s safe deposit box under the Colorado Probate Code and and clarifies that the custodian is not deemed to have knowledge about the contents of the box.
  • HB 15-1069 – Concerning Information Required to be Included in Recorded Written Instruments Filed with the County Clerk and Recorder to Claim a Homestead Exemption, by Rep. Su Ryden and Sen. Chris Holbert. The bill adds a requirement that a property owner’s name be included on a homestead exemption document.
  • HB 15-1071 – Concerning Clarification that, Following a Merger of Entities, the Surviving Entity is Entitled to Control the Premerger Attorney-Client Privileges of a Constituent Entity, by Rep. Jon Keyser and Sen. Owen Hill. The bill specifies that a corporation that merges with another entity inherits the attorney-client privilege from the other entity.
  • SB 15-057 – Concerning the Reporting Requirements of the Colorado Clean Claims Task Force, by Sen. David Balmer and Rep. Angela Williams. The bill changes the reporting requirements for the Colorado Medical Clean Claims Task Force so that the reports will go to the Commissioner of Insurance and the business committee of the General Assembly.
  • SB 15-142 – Concerning a Change in State Law to Make Requirements for Moneys Held in Escrow for the Payment of Ad Valorem Property Taxes the Same as the Requirements of the Federal “Real Estate Settlement Procedures Act of 1974”, by Sen. Ellen Roberts and Rep. Dan Pabon. The bill conforms state law to the requirements of the federal Real Estate Settlement Procedures Act, specifically repealing May 30 date for final settlement and changing the provision to reference RESPA.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Colorado Supreme Court: Nothing in Record Showed Defendant Could Read English Therefore Both Miranda Advisements Deficient

The Colorado Supreme Court issued its opinion in People v. Carrion on Monday, March 16, 2015.

Suppression Order—Inadequate Oral Miranda Advisement—Findings of Fact—Insufficient Evidence Native Spanish Speaker Could Read Written Miranda Advisement in English.

During a custodial interrogation, investigators provided Carrion, a native Spanish speaker, a written Miranda advisement in English. The Supreme Court held that the trial court’s factual findings were supported by the record and were not clearly erroneous. The trial court found that Carrion had difficulty with the English language and that there was insufficient evidence before the court that Carrion could read English. Accordingly, the trial court suppressed statements Carrion made during the custodial interrogation. Because the trial court’s factual findings were supported by the record, the Court affirmed the trial court’s suppression order.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Supreme Court: Good Time Credits Only to be Used to Calculate Inmate’s Parole Eligibility

The Colorado Supreme Court issued its opinion in Ankeney v. Raemisch on Monday, March 16, 2015.

Mandatory Release Date—Applicability of Good Time, Earned Time, and Educational Earned Time.

The Department of Corrections (DOC) appealed directly to the Supreme Court from an order of the district court granting Ankeney habeas corpus relief. Complying with a remand order of the court of appeals from an earlier appeal, the district court interpreted various statutory provisions regarding good time and earned time credit to require Ankeney’s release from prison almost three years before the date calculated by the DOC. Crediting the time during which Ankeney remained unlawfully incarcerated against his subsequent, statutorily mandated period of parole, the district court found him to have completed his parole term and ordered his immediate release from parole supervision.

The Court reversed the district court’s judgment. It held that the lower courts erroneously concluded that for inmates convicted of crimes committed after July 1, 1993, good time credits awardable by CRS § 17-22.5-301 are to be applied against an inmate’s mandatory release date rather than calculated merely to determine his or her parole eligibility. A proper application of the statutory deductions from Ankeney’s sentence to which he is entitled demonstrates that he has not completed service of his required term of parole.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Supreme Court: Airport Concessionaires’ Possessory Interests in Concession Spaces Taxable

The Colorado Supreme Court issued its opinion in Cantina Grill, JV v. City & County of Denver County Board of Equalization on Monday, March 16, 2015.

Taxable Possessory Interests—Significant Incidents of Private Ownership—Valuation of Taxable Possessory Interests in Tax-Exempt Properties.

The Supreme Court determined that the possessory interests in concession spaces held by several food and beverage concessionaires at Denver International Airport are taxable under Article X of the Colorado Constitution and Colorado’s property tax statutes because the concessionaires’ interests exhibit significant incidents of private ownership under the three-factor test established in Board of County Commissioners v. Vail Associates, Inc., 19 P.3d 1263 (Colo. 2001). Specifically, the Court held that: (1) the concessionaires’ interests are sufficiently exclusive to qualify as real property interests under the property tax statutes because the concessionaires have the right to exclude others from using their respective concession spaces; and (2) the concessionaires’ revenue-generating capability is sufficiently independent from the city that a tax on their possessory interests would not be effectively a tax on the government. The Court also held that the city’s valuation of the concessionaires’ interests is consistent with the valuation scheme set forth in CRS § 39-1-103(17), and is supported by the record. The judgment was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 3/19/2015

On Thursday, March 19, 2015, the Colorado Court of Appeals issued no published opinion and 45 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, 3/19/2015

On Thursday, March 19, 2015, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Palacios

Clowdis v. Colorado HI-TEC Moving & Storage, Inc.

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