December 13, 2018

Archives for November 16, 2018

Don J. Toussaint Appointed to Arapahoe County Court

On Wednesday, November 14, 2018, Governor Hickenlooper appointed Don J. Toussaint to the Arapahoe County Court in the 18th Judicial District. Toussaint will fill a vacancy created by the appointment of Hon. John E. Scipione to the 18th Judicial District Court, effective immediately.

Currently, Toussaint is a district court magistrate in the 18th Judicial District, where he has been since June 2017. Prior to his work as magistrate, he was an Assistant City Attorney for the City of Aurora. He was also previously an associate at White & Steele, P.C. Toussaint received his undergraduate degree from the University of Colorado at Denver and his law degree from the University of Denver Sturm College of Law.

For more information about the appointment, click here.

Colorado Supreme Court: Water Court Entitled to Draw Reasonable and Commonsense Inferences from Circumstances Before It

The Colorado Supreme Court issued its opinion in People v. Sease on Tuesday, November 13, 2018.

Contempt—Acts or Conduct Constituting Contempt of Court.

In this direct appeal, the supreme court reviewed the water court’s contempt order, which imposed punitive and remedial sanctions on defendant. The water court determined that defendant was responsible for work performed on his property, the Sease Ranch, which caused out-of-priority depletions of water from Sheep Creek in violation of a court order. In its ruling, the water court inferred from defendant’s ownership of the Sease Ranch that he, not someone else, was responsible for the contemptuous work.

The court concluded that the water court had ample evidence to find that defendant is the owner of the Sease Ranch. Further, the court determined that the water court did not shift the burden of proof to defendant. The water court was entitled to draw reasonable and commonsense inferences from the circumstances before it. Thus, it was appropriate for the water court to consider the lack of evidence, and the corresponding improbability, that someone else entered the Sease Ranch and performed the contemptuous work without defendant’s authorization.

Accordingly, the water court’s judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 11/15/2018

On Thursday, November 15, 2018, the Colorado Court of Appeals issued 11 published opinions and 30 unpublished opinions.

People v. Sandoval

People in Interest of A.C.E.-D.

People v. Ray

People v. Jacobs

Cielo Vista Ranch I, LLC v. Alire

In re Estate of Cloos

Nanez v. Industrial Claim Appeals Office

People in Interest of M.V.

In re Parental Responsibilities Concerning W.F.-L.

People in Interest of C.N.

People v. Burke

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, 11/15/2018

On Thursday, November 15, 2018, the Tenth Circuit Court of Appeals issued two published opinions and one unpublished opinion.

Hunter v. Morehead

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