February 22, 2019

Tenth Circuit: Unpublished Opinions, 2/20/2019

On Wednesday, February 20, 2019, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

United States v. Soto-Cruz

United States v. Neely

United States v. Soto-Soto

Case summaries are not provided for unpublished opinions.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

C.R.C.P. 80, C.R.C.C.P. 380, and Crim. P. 55 Amended in Rule Changes 2019(06) and 2019(07)

On Thursday, February 14, 2019, the Colorado Supreme Court issued Rule Change 2019(06) and Rule Change 2019(07), effective immediately.

Rule Change 2019(06) repeals Rule 80 and amends Rule 380 of the Colorado Rules of Civil Procedure. A comment has been added to Rule 80, stating “C.R.C.P. 80 has been repealed as Chief Justice Directive 05-03 entitled, Management Plan for Court Reporting and Recording Services, addresses matters related to court reporters in District Court matters.” Subsection (c) of Rule 380 was amended as follows:

(c) Reporter’s Notes, Electronic or Mechanical Recording; Custody, Use, Ownership, Retention. All reporter’s notes and electronic or mechanical recordings shall be the property of the state. The notes and recordings shall be retained by the court for no less than six months after the creation of the notes or recordings, or such other period as may be prescribed by supreme court directive or by instructions in the manual entitled, Colorado Judicial Department , Records Retention Manual Management. During the period of retention, notes and recordings shall be made available to the reporter of record, or to any other reporter or person the court may designate. During the trial or the taking of other matters on the record, the notes and recordings shall be considered the property of the state, even though in the custody of the reporter, judge, or clerk. After the trial and appeal period, the reporter shall list, date and index all notes and recordings and shall properly pack them for storage. Where no reporter is used, the clerk of court shall perform this function. The state shall provide the storage containers and space

Rule Change 2019(07) amended Rule 55 of the Colorado Rules of Criminal Procedure. Subsection (e) of Rule 55 was amended as follows:

(e) Reporter’s Notes; Custody, Use, Ownership, Retention. The practice and procedure concerning reporter’s notes and electronic or mechanical recordings shall be as prescribed in Rule 80, C.R.C.P., for district courts and Rule 380, C.R.C.P., for county courts. For proceedings in district court, the practice and procedure concerning court reporter notes and electronic or mechanical recordings shall be as prescribed in Chief Justice Directive 05-03, Management Plan for Court Reporting and Recording Services. For proceedings in county court, that practice and procedure shall be as prescribed in C.R.C.P. 380.

Redlines and clean versions of the rule changes are available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Colorado Supreme Court: Announcement Sheet, 2/19/2019

On Tuesday, February 19, 2019, the Colorado Supreme Court issued two published opinions.

Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association v. Centennial Water and Sanitation District

In re People v. Tafoya

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, 2/19/2019

On Tuesday, February 19, 2019, the Tenth Circuit Court of Appeals issued one published opinion and five unpublished opinions.

Needham v. State of Utah

Brooks v. Hanson

Lynch v. Nelson

Osterhout v. Morgan

McGowan v. Wal-Mart Stores

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

Tenth Circuit: Unpublished Opinions, 2/15/2019

On Friday, February 15, 2019, the Tenth Circuit Court of Appeals issued three published opinions and three unpublished opinions.

Christ Center Divine Philosophy v. Elam

Flores-Argueta v. Whitaker

United States v. Campbell

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

Colorado Court of Appeals: Announcement Sheet, 2/14/2019

On Thursday, February 14, 2019, the Colorado Court of Appeals issued no published opinion and 35 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, 2/14/2019

On Thursday, February 14, 2019, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Foster

Brown v. Allbaugh

Johnson v. Raemisch

Arthur v. Moorehead

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

Tenth Circuit: Unpublished Opinions, 2/13/2019

On Wednesday, February 13, 2019, the Tenth Circuit Court of Appeals issued no published opinion and five unpublished opinions.

United States v. Hall

Hedquist v. Patterson

Aguilar-Perez v. Sessions

Margheim v. Buck

Al-Pine v. Richerson

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

Tenth Circuit: Unpublished Opinions, 2/12/2019

On Tuesday, February 12, 2019, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

Nitka v. Nelnet

Stamps v. Miller

MEMC II v. Cannon Storage Systems

Fletcher v. Inmate Bank

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

Tenth Circuit: Unpublished Opinions, 2/11/2019

On Monday, February 11, 2019, the Tenth Circuit Court of Appeals issued on published opinion and two unpublished opinions.

SEC v. Boock

Franken v. Zinke

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

Colorado Supreme Court: Announcement Sheet, 2/11/2019

On Monday, February 11, 2019, the Colorado Supreme Court issued one published opinion.

In re Accetta v. Brooks Towers Residences Condominium Association, Inc.

The summary of this case is 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, 2/8/2019

On Friday, February 8, 2019, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Mayfield v. Suggs

Dawson v. Archambeau

United States v. Gilchrist

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