June 17, 2019

Archives for January 25, 2017

Tenth Circuit: Unpublished Opinions, 1/25/2017

On Wednesday, January 25, 2017, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

United States v. Vielmas-Valdiviezo

Clema v. Colombe

Turnbough v. Wantland

Case summaries are not provided for unpublished opinions.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

Nominate a Trust & Estate Attorney for the R. Sterling Ambler Award

Each year, the CBA Trust & Estate Section presents its Sterling Ambler Award to an outstanding trust and estate attorney who has made significant and multitudinous contributions to the Trust & Estate Section and the legal profession. The Award is given to an individual who has contributed substantially to furtherance of Colorado law, education of others, and the Trust and Estate Section of the Colorado Bar Association. It is named in honor of R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for over 50 years and who gave freely of his time and expertise to individual lawyers, to the Colorado Bar Association, and to the legal profession, until his death in 2004 at the age of 72.

Sterling was skilled in the law but in addition he excelled at writing, debating and refining statutory language and ideas. He worked on many legislative proposals and willingly considered new ideas and developments in the law. His diplomacy and insights were often useful in bridging differences among lawyers, sections of the Bar, and the legislature. He was selfless in advancing the law as a whole over his own personal interests. Sterling Ambler will be remembered for his sense of humor, his quiet unassuming way, and his willingness to accept help from others and to freely share his wealth of knowledge of the law.

Criteria for eligibility for the Sterling Ambler Award include significant years of contribution to the Trust & Estate Section and the legal profession, as well as multiple areas of contribution, including but not limited to building connections between sections of the CBA, helping advance the legislative agenda of the CBA, participation in Trust & Estate Section committee meetings, assisting less experienced attorneys, and participation in professional organizations.

Past recipients of the R. Sterling Ambler Award are:

  • 2009: Bruce Deacon
  • 2010: John DeBruyn
  • 2011: Stanley C. Kent
  • 2012: Robert Steenrod
  • 2013: Marc Darling
  • 2014: Laurie Hunter
  • 2015: Kevin Millard
  • 2016: Eugene Zuspann

Nominations must be returned to the Trust & Estate Section Chair, Darla Daniel. The nomination form is available here.

HB 17-1039: Making Confidential All Communications in Restorative Justice

On January 11, 2017, Rep. Pete Lee and Sen. Daniel Kagan introduced HB 17-1039, “Concerning Communication Issues Related to Restorative Justice.”

The bill makes all communications during the restorative justice process made by all participants in the process confidential unless:

  • All participants in the process, including the restorative justice program or restorative justice facilitator, consent in writing to waive confidentiality of specific communications for a stated purpose;
  • An offender or other participant commits a chargeable offense as part of a restorative justice or restorative practice communication;
  • A report is made by a statutory mandatory reporter of behavior that threatens the safety of a child under 18 years of age; or
  • Disclosure of a communication is necessary and relevant to an action alleging willful or wanton misconduct of a restorative justice facilitator or organization.

The bill requires the restorative justice program or facilitator to disclose those exceptions and any other applicable exceptions prior to starting the process.

The bill requires the court, during the arraignment advisement, to inform the defendant that if convicted the sentence may include restorative justice practices. The bill allows the district attorney to include restorative justice practices as part of a recommended sentence in a plea bargain. The bill directs that the presentence report must include an assessment of the defendant’s suitability for restorative justice practices.

The bill was introduced in the House and assigned to the Judiciary Committee.

HB 17-1064: Creation of Crime of Misuse of Electronic Images by a Juvenile

On January 11, 2017, Rep. Yeulin Willett and Sen. Rhonda Fields introduced HB 17-1064, “Concerning Creating the Crime of Misuse of Electronic Images by a Juvenile.”

The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile:

  • Did not solicit or request to be supplied with the image or images; and
  • Did not participate in or encourage the making of the image or images; and
  • Did not transmit or distribute the image or images to another person; and
  • Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.

The bill was introduced in the House and assigned to the Judiciary Committee.

Tenth Circuit: Unpublished Opinions, 1/24/2017

On Tuesday, January 24, 2017, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Parker v. Colvin

United States v. McIntosh

United States v. Romero

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