August 20, 2018

Archives for January 2018

Colorado Supreme Court: Prosecution’s Withholding of Evidence was Brady Violation and Sanctions Warranted

The Colorado Supreme Court issued its opinion in People v. Bueno on Monday, January 22, 2018.

Motion for New Trial—Evidence.

In this case, the Colorado Supreme Court considered two questions. The first is whether a Crim. P. 33(c) motion for a new trial is time-barred because it was filed more than one year after the defendant’s conviction, and thus arguably more than one year after “entry of judgment.” The second is whether the trial court erred in granting a new trial after concluding that the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to provide to the defense evidence that the prosecution had obtained at the outset of the investigation until after defendant’s conviction. The court held that “entry of judgment,” for the purposes of Rule 33(c), does not occur until both a verdict or finding of guilt and the imposition of a sentence. The court concluded that, applying Brady’s disclosure requirements, the trial court did not abuse its discretion in granting a motion for a new trial.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Actual Person Needs to be At Risk to Satisfy Reckless Manslaughter and Assault Elements

The Colorado Supreme Court issued its opinion in People v. Griego on Monday, January 22, 2018.

Attempted Recklessness—Attempted Reckless Manslaughter—Equal Protection.

In this case, the supreme court considered whether the requirement in the attempted reckless manslaughter and attempted second degree assault statutes that a defendant place “another person” at risk of death or serious bodily injury necessitates that an actual, discernible person be placed at risk, or whether “another person” can refer to the public at large. The court concluded that the statutes at issue require a showing of a risk to an actual, discernible person and that a risk to the public at large is insufficient. Here, because the People presented no evidence that defendant’s actions put any particular person at risk, the court affirmed the court of appeals’ judgment reversing his convictions.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/24/2018

On Wednesday, January 24, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Johnson v. Whitney

Greene v. Access Services Inc.

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

Colorado Supreme Court: Complaint Against Planned Parenthood Failed to State a Claim

The Colorado Supreme Court issued its opinion in Norton v. Rocky Mountain Planned Parenthood, Inc. on Monday, January 22, 2018.

Constitutional Law—Colo. Const. Art. V, § 50—Motion to Dismiss.

In this case, the Colorado Supreme Court considered whether petitioner’s complaint alleged a violation of article V, section 50 of the Colorado Constitution sufficient to overcome a motion to dismiss. The court held that to state a claim for relief under section 50, a complaint must allege that the state made a payment to a person or entity—whether directly to that person or entity, or indirectly through an intermediary—for the purpose of compensating them for performing an abortion and that such an abortion was actually performed. Because petitioner’s complaint did not allege that the state made such a payment, the complaint failed to state a claim for relief under C.R.C.P. 12(b)(5). Accordingly, the court affirmed the judgment of the court of appeals.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/23/2018

On Tuesday, January 23, 2018, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

United States v. Rhodes

United States v. Al-Haj

Levering v. Dowling

Bordock v. City of Eufaula

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

Tenth Circuit: Unpublished Opinions, 1/22/2018

On Monday, January 22, 2018, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

Shophar v. City of Olathe

United States v. Norwood

Boxer F2, L.P. v. Bronchick

Moore v. Hickenlooper

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

CJD 05-03 Amended Regarding Management Plan for Court Reporting and Recording

On Friday, January 19, 2018, the Colorado Supreme Court amended Chief Justice Directive 05-03, “Management Plan for Court Reporting and Recording Services.” This CJD was amended to reflect recent changes to C.A.R. 10 and 11, effective for appeals filed on or after January 1, 2018. The full text of the CJD is available here. For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

Colorado Supreme Court: Announcement Sheet, 1/22/2018

On Monday, January 22, 2018, the Colorado Supreme Court issued three published opinions.

Norton v. Rocky Mountain Planned Parenthood, Inc.

People v. Bueno

People v. Griego

Summaries of these cases are forthcoming.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

 

Colorado Court of Appeals: Announcement Sheet, 1/18/2018

On Thursday, January 18, 2018, the Colorado Court of Appeals issued no published opinion and 30 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, 1/19/2018

On Friday, January 19, 2018, the Tenth Circuit Court of Appeals issued two published opinions and one unpublished opinion.

United States v. Souvannarath

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

CJD 85-22 Amended, Modifying Rate of Interest on Judgments that are Appealed

On Thursday, January 18, 2018, the Colorado Supreme Court issued modifications to Chief Justice Directive 85-22, “Rate of Interest on Judgments Which are Appealed.” The changes to the CJD reflect the Secretary of State’s certification that interest on monetary judgments that are appealed is 4 percent. The changes are in accordance with C.R.S. § 5-12-106(2)(a) and 13-21-101(3). For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

First Bill of 2018 Legislative Session Signed on Thursday

On Thursday, January 18, 2018, the governor signed into law the first bill of the 2018 Legislative Session. SB 18-027, “Concerning the Enactment of the ‘Enhanced Nurse Licensure Compact’, and, in Connection Therewith, Making an Appropriation,” sponsored by Sens. Nancy Todd & Jim Smallwood and Reps. Hugh McKean & Tracy Kraft-Tharp, makes several changes to the former “Nurse Licensure Compact.” These changes include providing authority to each party state licensing board to obtain and submit criminal background checks for multistate nurse licensure candidates; allowing the Interstate Commission of Nurse Licensure Compact Administrators to adopt rules related to the compact; and specifying the procedure for states to enter, withdraw from, or amend the compact. The full text of the bill is available here.