April 25, 2019

Archives for September 21, 2018

Judges Appointed to 3rd Judicial District Court, Las Animas County Court, and Pueblo County Court

On Friday, September 14, 2018, Governor Hickenlooper appointed judges to the 3rd Judicial District Court, Las Animas County Court, and Pueblo County Court.

John C. McKisson III was appointed to the 3rd Judicial District Court. He will fill a vacancy created by the retirement of Hon. Claude Appel, effective January 8, 2019. McKisson is currently a Huerfano County Court judge, where he oversees traffic, criminal, and civil cases, and to which position he was appointed in 2017. Prior to his appointment, McKisson was a probation officer for the 3rd Judicial District from 2013 to 2016. He also worked as an Assistant District Attorney and the Huerfano County Office Head for the District Attorney’s Office in the 3rd Judicial District from 2010 to 2013. He received his undergraduate degree from Ohio University and his law degree from Thomas Cooley Law School.

John D. Mochel was appointed to the Las Animas County Court in the 3rd Judicial District, where he will fill a vacancy created by the retirement of Hon. Bruce Billings, effective January 8, 2019. Mochel is currently Assistant General Counsel at DaVita Inc., where he has been since 2017. Prior to that, he was Associate General Counsel at Orthofix Inc., Legal Compliance Officer at Aetna, a U.S. Marine Corps Judge Advocate, and a pro bono attorney at Steptoe & Johnson PLLC. Mochel earned his undergraduate degree from Baylor University, his J.D. from West Virginia University Law School, his LL.M. from George Washington University Law School, and his M.B.A. from University of North Carolina at Chapel Hill.

Roberto A. Silva was appointed to the Pueblo County Court in the 10th Judicial District. He will fill a vacancy created by the resignation of Hon. Valerie Haynes, effective immediately. Silva is currently Managing Attorney of the Colorado Legal Services Pueblo Office, where he has been since 1999. He represents clients in protection order, divorce, child custody, consumer collections, and housing cases. Prior to his work at the Pueblo CLS office, Silva worked at Pikes Peak Arkansas River Legal Aid, as a Deputy District Attorney with the 16th Judicial District Attorney’s Office, and as a Staff Attorney with Pueblo County Legal Services. Silva received his undergraduate degree from the University of Texas El Paso and his law degree from Cornell University.

For more information about these appointments, click here.

Colorado Supreme Court: No Error in Trial Court’s Decision Not to Allow Witness to Testify Via Skype

The Colorado Supreme Court issued its opinion in People v. Gutierrez on Monday, September 17, 2018.

Motions to Continue—Abuse of Discretion.

In this interlocutory appeal, the supreme court held that the trial court did not abuse its discretion by denying the People’s request to have their witness testify remotely via Skype. Trial courts have broad discretion to control the manner in which witnesses offer testimony, and a decision to prohibit a witness from testifying is reviewed for an abuse of discretion. Because the trial court worked extensively to accommodate the witness, the People were on notice about the importance of the witness appearing in-person, and because denying the People’s request to allow the witness to testify remotely is not outcome determinative, the court concluded that the trial court did not abuse its discretion.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: CCIOA Requires Execution and Recording of Amending Documents to Subdivide Parking Garage

The Colorado Supreme Court issued its opinion in Perfect Place, LLC v. Semler on Monday, September 17, 2018.

Common Interest Communities—Quieting Title—Deeds.

In this quiet title action, the supreme court reviewed whether the owner of a garage condominium unit validly subdivided the unit under C.R.S. § 38-33.3-213 of the Colorado Common Interest Ownership Act by merely painting or marking lines on the garage wall, and thereafter separately conveying the spaces thus marked as individual condominium parking units. Because C.R.S. § 38-33.3-213(3) provides that “no subdivision of units shall be effected” without executing and recording the necessary amendments to the condominium declaration, and because no documents were recorded in connection with his purported subdivision, the court held that the owner did not accomplish a valid subdivision of the garage unit in this case. The court further held that a quitclaim deed obtained from the owner was not void for fraud in the factum. Although evidence in the record suggests the owner may have been deceived as to the purpose of the deed, fraud in the factum requires proof that the grantor was ignorant as to the nature of the instrument itself. Here, the owner understood that he was signing a quitclaim deed, even if he failed to appreciate the ramifications of his act. Accordingly, the court reversed the court of appeals’ judgment and remanded the case for further proceedings to determine the resulting chain of title for the disputed parking units.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 9/20/2018

On Thursday, September 20, 2018, the Colorado Court of Appeals issued 10 published opinions and 29 unpublished opinions.

People v. Aldridge

People v. Koper

People in Interest of A.V.

People v. Chavez

Schulte v. Colorado Department of Revenue

Herrera v. Lerma

Digital Landscape, Inc. v. Media Kings, LLC

In re Marriage of Durie

Andres Trucking Co. v. United Fire & Casualty Co.

Dos Almas LLC v. Industrial Claim Appeals Office

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.

Tenth Circuit: Unpublished Opinions, 9/20/2018

On Thursday, September 20, 2018, the Tenth Circuit Court of Appeals issued no published opinion and five unpublished opinions.

Greene v. Sprint Nextel Corp.

Bird v. Pacheco

Apodaca v. Corizon Health Care

Kent v. Commissioner, SSA

White v. Hickenlooper

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