December 11, 2018

Archives for September 25, 2018

Herrick K. Lidstone, Jr., Esq. Receives Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award

Cathy Stricklin Krendl and Todd Olinger present Herrick Lidstone with “The Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award.”

The Business Law Section of the Colorado Bar Association recognizes that many of its members and other lawyers actively participate in the process of improving the business laws of the State of Colorado by working together to draft business legislation, help other lawyers understand and practice business law, and promote high standards of professionalism for and mutual respect among Colorado lawyers who practice business law. The Section recognizes that these lawyers have devoted many uncompensated hours and much thought participating in this process and believes that this participation, which has consistently been without regard to personal or client interests, has resulted in the improvement of Colorado business law and its practice by Colorado business lawyers.

The Section believes that it is appropriate to recognize some of the many Colorado lawyers who have participated in this process and has created an award known as “The Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award.” This award is given from time to time to persons selected by the Executive Council of the Section.

The Executive Council considers, among such other attributes as it may determine, the recipient’s intellectual and professional excellence in the practice of or scholarship on Colorado business law; the recipient’s generosity of spirit as reflected in the recipient’s participation in and contribution to the advancement of Colorado business law; the recipient’s efforts to enhance the general quality of business law practice by Colorado lawyers; and the recipient’s devotion to the principles of legal professionalism, all manifested consistently over years of endeavor.

On June 20, 2018, the Executive Council of the CBA Business Law Section considered several excellent nominations for the award and voted to recognize Herrick K. Lidstone, Jr. for his many years of furthering the development of practical, comprehensive and well-drafted business related legislation, for writing about and teaching Colorado business law and for his devotion to enduring principles of professionalism in his legal career.

Herrick K. Lidstone, Jr. was presented with the award at the 2018 Business Law Institute on September 12, 2018 in Denver.

Colorado Supreme Court: Exclusionary Rule Correctly Applied to Suppress Results of Illegal Collection of Juvenile’s DNA

The Colorado Supreme Court issued its opinion in Casillas v. People on Monday, September 24, 2018.

Evidence—Searches and Seizures—Exclusionary Rule.

In this criminal appeal, the supreme court reviewed whether the exclusionary rule required the suppression of evidence derived from a juvenile probation officer’s unauthorized collection of DNA from a juvenile in violation of C.R.S. § 19-2-925.6 and the Fourth Amendment. The court held that (1) juvenile probation officers are properly considered adjuncts to law enforcement; (2) the officer’s collection of the juvenile’s DNA for uploading to CODIS served an inherent law enforcement function; (3) nothing in the record suggests the officer conducted the buccal swab search in reliance on misinformation provided by a third party; and (4) the unlawful search here was not based on a reasonable misinterpretation of the law. Because suppression would have a deterrent effect by removing incentives to collect DNA from ineligible juvenile offenders, the court held that suppression was warranted. Accordingly, the court reversed the court of appeals’ judgment and remanded the case with instructions to vacate petitioner’s conviction.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/24/2018

On Monday, September 24, 2018, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Crocker v. Glanz

McCary v. Foster

Holman v. Braggs

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