October 19, 2018

Tenth Circuit: Unpublished Opinions, 10/17/2018

On Wednesday, October 17, 2018, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

CNSP, Inc. v. City of Santa Fe

United States v. Sanchez-Rivas

In re Garcia: Davis v. Tyson Prepared Foods, Inc.

Case summaries are not provided for unpublished opinions.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

Colorado Supreme Court: Totality of Circumstances, Including Drug Dog’s Alert, Provided Probable Cause for Car Search

The Colorado Supreme Court issued its opinion in People v. Bailey on Monday, October 15, 2018.

Searches and Seizures—Probable Cause—Search Without Warrant—Odor Detection—Use of Dogs.

In this interlocutory appeal, the supreme court considered whether the trial court erred in ruling that state troopers lacked probable cause to search defendant’s car when they placed Mason, a narcotics-detecting dog, inside the car to sniff around. The court held that the totality of the circumstances, including Mason’s alert to the odor of narcotics while sniffing the exterior of defendant’s car, provided the troopers with probable cause to search the car. The fact that Mason’s alert was not a final indication did not render it irrelevant to the troopers’ probable cause determination. Therefore, the court reversed the trial court’s order suppressing evidence collected by the troopers during a subsequent hand search of the car.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Unique Facts of Case Permit Use of Self-Defense Instruction for Robbery of Taxi Services

The Colorado Supreme Court issued its opinion in People v. DeGreat on Monday, October 15, 2018.

Self-Defense—Aggravated Robbery—Jury Instructions—Affirmative Defenses.

This case required the supreme court to decide whether a division of the court of appeals erred in concluding that the statutory right to self-defense can apply to justify a defendant’s robbery of taxi cab services. On the unique facts presented, the court concluded that the division correctly determined that defendant was entitled to a self-defense instruction as to the aggravated robbery charge, although the court’s reasoning differed from that on which the division relied. The court concluded that defendant presented some credible evidence to allow a reasonable jury to conclude that the robbery of services that he allegedly committed was committed in self-defense. Accordingly, the court affirmed the division’s judgment, albeit based on different reasoning.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 10/16/2018

On Tuesday, October 16, 2018, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

Rahimi v. Sweat

United States v. Martinez

United States v. Foy

Lamar v. O’Dell

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

Colorado Supreme Court: Competency Records of Other Defendant in Related Case were Protected by Privilege

The Colorado Supreme Court issued its opinion in Zapata v. People on Monday, October 15, 2018.

Physician-Patient Privilege—Psychologist-Client Privilege—Competency Evaluations—Res Gestae.

In this case, the trial court declined to give defendant access to, or to review in camera, competency reports regarding another defendant in a factually related but separate case. Over objection, the trial court also admitted uncharged misconduct evidence as res gestae.

The supreme court held that competency reports are protected by the physician-patient or psychologist-client privilege and that the examinee did not waive the privilege as to defendant when he put his competency in dispute in his own case. The court also held that defendant’s confrontation right was not implicated and that defendant did not make a sufficient showing that the competency reports contained exculpatory evidence to justify their release to him or review by the trial court pursuant to due process or Crim. P. 16.

The court further held that any error in admitting the uncharged misconduct evidence as res gestae was harmless given the strong evidence of defendant’s guilt.

Accordingly, the court of appeals’ judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Tort Cannot Be Transaction Giving Rise to Obligation to Pay Money, Therefore Not Debt Per Fair Debt Collection Practices Act

The Colorado Supreme Court issued its opinion in Ybarra v. Greenberg & Sada, P.C. on Monday, October 15, 2018.

Finance, Banking, and Credit—Insurance—Statutory Interpretation—Torts.

Ybarra petitioned for review of the court of appeals’ judgment affirming the dismissal of her Colorado Fair Debt Collection Practices Act action against Greenberg & Sada, P.C. The district court dismissed for failure to state a claim, finding that damages arising from a subrogated tort claim do not qualify as a debt within the contemplation of the Act. The court of appeals agreed, reasoning that the undefined term “transaction” in the Act’s definition of “debt,” required some kind of business dealing, as distinguished from the commission of a tort; and to the extent an insurance contract providing for the subrogation of the rights of an insured constitutes a transaction in and of itself, that transaction is not one obligating the debtor to pay money, as required by the Act.

The supreme court held that because a tort does not obligate the tortfeasor to pay damages, a tort cannot be a transaction giving rise to an obligation to pay money, and is therefore not a debt within contemplation of the Act; and because an insurance contract providing for the subrogation of the rights of a damaged insured is not a transaction giving rise to an obligation of the tortfeasor to pay money, it also cannot constitute a transaction creating a debt within contemplation of the Act.

Accordingly, the court of appeals’ judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 10/15/2018

On Monday, October 15, 2018, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Powell

Thompson v. Bryant

United States v. Wells

United States v. Mitchell

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

Colorado Supreme Court: Announcement Sheet, 10/15/2018

On Monday, October 15, 2018, the Colorado Supreme Court issued four published opinions.

Ybarra v. Greenberg & Sada, P.C.

Zapata v. People

People v. DeGreat

People v. Bailey

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, 10/12/2018

On Friday, October 12, 2018, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Holyfield

United States v. Perryman

Heffington v. Puleo

DeWild v. Raemisch

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

Tenth Circuit: Unpublished Opinions, 10/11/2018

On Thursday, October 11, 2018, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

DISH Network, LLC v. Ghosh

Roselle v. Berger & Montague, P.C.

Morales v. Sessions

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

Tenth Circuit: Unpublished Opinions, 10/10/2018

On Wednesday, October 10, 2018, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

United States v. Curry

United States v. Saucedo-Avalos

Arbogast v. State of Kansas

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

Tenth Circuit: Unpublished Opinions, 10/9/2018

On Tuesday, October 9, 2018, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.

United States v. Alires

United States v. Ochoa-Olivas

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