October 21, 2018

Archives for July 16, 2018

Colorado Court of Appeals: Announcement Sheet, 7/12/2018

On Thursday, July 12, 2018, the Colorado Court of Appeals issued six published opinions and ten unpublished opinions.

People v. Liggett

People v. Lujan

People v. Lindsey

Lopez v. City of Grand Junction

People in Interest of D.C.C.

Moore v. Exec. Dir. of Colo. Dept. of Corrections

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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: Jury Instruction that Effectively Told Jury Not to Consider Burden of Proof Erroneous, but Error Not Plain

The Colorado Court of Appeals issued its opinion in People v. Sabell on Thursday, June 14, 2018.

Jury Instructions—Involuntary Intoxication—Other Acts Evidence—Merger—Colorado Sex Offender Lifetime Supervision Act.

Sabell and his girlfriend, the victim, got into an argument one night. When the victim returned to the couple’s home that evening after running errands, Sabell accused her of cheating on him and physically assaulted her. The victim then began audio recording the altercation on her cell phone. Sabell then forced the victim to perform oral sex on him and later broke down her bedroom door after she had locked herself inside. A jury found Sabell guilty of sexual assault, unlawful sexual contact, third degree assault, and criminal mischief.

On appeal, Sabell contended that the trial court erroneously instructed the jury on his affirmative defense of involuntary intoxication and that this lessened the prosecution’s burden of proof. Before trial, the victim admitted that she had put Seroquel, a drug she had been prescribed, in Sabell’s wine after the sexual assault in an attempt to sedate him. Sabell testified that the victim had put the Seroquel in his drink before the recording began and that he had no memory of any of the recorded events. Although the involuntary intoxication instruction was erroneous because it effectively told the jury not to consider the People’s burden of proof until after it first decided whether Sabell’s intoxication was self-induced, it was not plain error.

Sabell also contended that the trial court gave an erroneous instruction limiting the jury’s consideration of other acts evidence. At trial, the victim, along with the victim’s friend and police officers, testified about four other incidents in which Sabell had been violent toward her or had forced her to have sex. The other acts evidence was relevant as to whether Sabell acted knowingly and voluntarily, and the court properly gave limiting instructions to the jury. There was no error.

Sabell’s contention that the Colorado Sex Offender Lifetime Supervision Act is unconstitutional on its face and as applied to him was without merit.

Sabell further argued, and the People conceded, that his unlawful sexual contact conviction should have merged with the sexual assault conviction at sentencing because they were based on the same conduct. The trial court plainly erred in entering both the sexual assault and unlawful sexual contact convictions.

Sabell also argued, and the People conceded, that the trial court erred in imposing a crime against a child surcharge of $500. The victim here was not a child, and the trial court plainly erred.

The unlawful sexual contact conviction and the crime against a child surcharge were vacated. The case was remanded for the trial court to correct the mittimus. The judgment and sentence were affirmed in all other respects.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 7/13/2018

On Friday, July 13, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Ridley v. Kansas Department of Corrections

United States v. Worku

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