April 20, 2019

Archives for September 18, 2015

Christopher Seldin Appointed to Ninth Judicial District Court

On Wednesday, September 16, 2015, the Colorado State Judicial Branch announced the appointment of Christopher Seldin to the Ninth Judicial District Court. Seldin will fill a vacancy created by the retirement of Hon. Gail H. Nichols, effective November 1, 2o15.

Seldin is currently an assistant Pitkin County Attorney, where he is lead county attorney handling cases involving litigation, real estate and land use, child welfare and adult protection, contract law, property tax, and eminent domain. Prior to moving to Pitkin County in 2002, Seldin worked at Heller Ehrman in San Francisco, where he had a large civil litigation practice handling Fortune 500 clients. Seldin clerked for Colorado Supreme Court Justice Gregory Hobbs after receiving his law degree from the University of California at Berkeley.

For more information about the appointment, click here.

Tenth Circuit: District of Columbia Superior Court is State Court for Habeas Purposes

The Tenth Circuit Court of Appeals issued its opinion in Eldridge v. Berkebile on Tuesday, June 30, 2015.

Clinton Eldridge pleaded guilty in the District of Columbia Superior Court to several violent felonies and is incarcerated in a federal prison. He filed a habeas petition under 28 U.S.C. § 2241, contending the Bureau of Prisons (BOP) incorrectly calculated his sentence by not crediting the nine years he served from his original sentencing hearing through resentencing. He also contended the district court failed to address his arguments concerning the 235 days served between his arrest and original sentencing and for the 61 days he served after his parole was revoked.

The Tenth Circuit first addressed jurisdiction. Because Eldridge was sentenced in the D.C. Superior Court, the Tenth Circuit concluded he was a state prisoner for purposes of 28 U.S.C. § 2253(c)(1), and he needed to obtain a Certificate of Appealability prior to filing a federal habeas petition under § 2241. The Tenth Circuit found Eldridge failed to make a “substantial showing of the denial of a constitutional right,” which he would need to do to obtain a COA. The Tenth Circuit noted Eldridge was mistaken about the court’s failure to credit the nine years served between his original sentencing and resentencing and also the presentence confinement, and the court correctly refused to credit the time Eldridge served for his previous juvenile sentences. The Tenth Circuit concluded Eldridge failed to make the requisite showing for a COA.

The Tenth Circuit denied a COA and dismissed the appeal, also denying as moot Eldridge’s motion to proceed in forma pauperis.

Tenth Circuit: Unpublished Opinions, 9/17/2015

On Thursday, September 17, 2015, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

United States v. Gomez-Maldonado

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