August 21, 2019

Archives for September 4, 2015

Run the Red Rock Scramble 5.8K to Benefit the Colorado Indian Bar Association

RedRockScrambleThe Colorado Indian Bar Association is hosting its annual fundraiser, the Red Rock Scramble, on Sunday, October 11, 2015, at 10 a.m. This 5.8K run on a hard-packed dirt road with beautiful views of the flatirons and surrounding mountains benefits the CIBA and raises money for scholarships to benefit one student each year in attendance at the University of Denver Sturm College of Law and the University of Colorado School of Law who will be practicing in the field of Federal Indian Law or who commits to working with American Indian communities. Registration for the run is only $30, and small prizes will be awarded to the top male and female runners in each of several age categories. CIBA will also provide a $50 gift certificate to a running store to the overall top male and female runners. Click here to register and for more information about the race.

The Colorado Indian Bar Association is a local bar association consisting of American Indian lawyers, practitioners of American Indian law, and American Indian law students in Colorado. CIBA promotes the development of Indian Law for the maximum benefit of Indian people, strives toward justice and effective legal representation for all Indian people, provides a forum for Native Americans to become more involved in the local and national issues affecting Indian people, provides networking and support to encourage Native Americans to pursue careers in the law, and promotes the nomination of Native Americans for judicial appointments.

Register today for the Red Rock Scramble!

Finalists Selected for Vacancy on Colorado Court of Appeals

On Thursday, September 3, 2015, the Colorado State Judicial Branch announced the selection of three finalists to fill a vacancy on the Colorado Court of Appeals, effective September 1, 2015. The vacancy was created by the appointment of Hon. Richard Gabriel to the Colorado Supreme Court. The three finalists are Rebecca Freyre of Denver, Craig Welling of Brighton, and David Yun of Denver.

Rebecca Freyre is a Deputy State Public Defender, where she focuses on criminal appeals. Craig Welling is a district court judge in the Seventeenth Judicial District. David Yun is a partner at Jaudon & Avery LLP in Denver, where he concentrates on appeals, medical malpractice, legal malpractice, health care, and medical board matters.

Under the Colorado Constitution, the governor has 15 days from September 3, 2015, in which to appoint one of the nominees to the Colorado Supreme Court. Comments regarding the nominees may be emailed to the governor at For more information about the nominees, click here.

Tenth Circuit: En Banc Rehearing Denied Sua Sponte in Little Sisters Case

The Tenth Circuit Court of Appeals issued a denial of en banc rehearing sua sponte on September 3, 2015, in the three combined cases of Little Sisters of the Poor v. BurwellSouthern Nazarene University v. Burwell, and Reaching Souls International v. Burwell. Although plaintiffs filed petitions for certiorari directly to the Supreme Court, the Tenth Circuit sua sponte considered en banc rehearing of the case. A majority of the active judges on the court voted to deny. Judges Kelly, Hartz, Tymkovich, Holmes, and Gorsuch voted to grant rehearing.

Judge Hartz wrote a separate dissent from the denial of en banc rehearing, which was joined by Judges Kelly, Tymkovich, Gorsuch, and Holmes. In his dissent, Judge Hartz opined that the opinion in Little Sisters of the Poor v. Burwell gravely misconstrued the issues. Judge Hartz found that the imposition of hefty fines for failure to comply with the opt-out provision of the Affordable Care Act’s birth control mandate constituted a substantial burden, and that the majority mistakenly characterized the plaintiffs’ sincerely held religious belief as being in opposition to the provision of birth control, rather than that execution of the opt-out documents is itself sinful. The majority’s reasoning held that there was no religious objection to the execution of the forms. Judge Hartz believed this was in error. He believed that the majority’s position was a dangerous approach to religious liberty, and opined that the majority opinion “will not long survive” because it is “contrary to all precedent concerning the free exercise of religion.” Judge Hartz would have set aside the panel decision and returned the case to determine whether the certification requirement is the least restrictive means of furthering a compelling government interest.

Colorado Court of Appeals: Announcement Sheet, 9/3/2015

On Thursday, September 3, 2015, the Colorado Court of Appeals issued no published opinion and 32 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, 9/3/201

On Thursday, September 3, 2015, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions.

G.H. Daniels III & Associates, Inc. v. Perez

United States v. Tatum

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