August 26, 2019

Archives for November 6, 2015

Colorado Appellate Rules and Colorado Rules of Criminal Procedure Amended by Colorado Supreme Court

On Tuesday, November 3, 2015, the Colorado Supreme Court issued Rule Change 2015(09) and Rule Change 2015(10). Rule Change 2015(09) amends Rules 36, 37, 38, and 39 of the Colorado Appellate Rules. Rule Change 2015(10) amends Rule 17 of the Colorado Rules of Criminal Procedure.

The changes to the Colorado Appellate Rules are extensive. Much of the text of Rule 36, “Entry and Service of Judgment,” was deleted, and the comment notes that the rule was amended for brevity and to conform to the current practice of the courts. The changes to Rule 37, “Interest on Judgments,” are relatively minor, changing syntax and clarifying instructions. Rule 38, “Sanctions,” was significantly amended, and a 2015 comment was added. The comment notes that prior subsections (b), (c), and (e) of the rule were deleted and the relevant portions thereof were added to subsection (a), and prior subsection (d) was renumbered. The comment further clarifies that the statement in former subsection (b) about the court dispensing with oral argument was deleted because it is always within the court’s discretion to dispense with oral argument. Rule 39, “Costs,” also underwent significant revisions and now contains a 2015 comment. The comment to Rule 39 notes that the rule was changed, in part, to be consistent with Federal Rule of Appellate Procedure 39, which governs costs. The comment further clarifies that the changes shift responsibility for taxing costs from the appellate courts to the trial courts, which reflects the current practice of the courts. The comment outlines specific numbering changes to Rule 39.

The changes to Crim. P. 17, “Subpoena,” are relatively minor, adding electronic signatures to acceptable methods of waiver of service.

For a redline of Rule Change 2015(09), click here. For a redline of Rule Change 2015(10), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Colorado Court of Appeals: Announcement Sheet, 11/5/2015

On Thursday, November 5, 2015, the Colorado Court of Appeals issued nine published opinions and 33 unpublished opinions.

People v. Evans

People v. Larsen

People v. Parks

Masters v. School District No. 1

Prospect 34 LLC v. Gunnison County Board of County Commissioners

People v. Morones-Quinonez

Colorado Union of Taxpayers Foundation v. City of Aspen

Fritsche v. Fritsche Thoreson

Owens v. Tergeson

Summaries of these cases are forthcoming, courtesy of The Colorado Lawyer.

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, 11/5/2015

On Thursday, November 5, 2015, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

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

Perez v. Lynch

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