CLE Legal Connection http://cbaclelegalconnection.com/?p=38345 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/YRGmm27Efs0/ Updates appellate law chief justice directive CJD 85-22 interest judgment litigation CJD 85-22 Amended, Modifying Rate of Interest on Judgments that are Appealed On Thursday, January 18, 2018, the Colorado Supreme Court issued modifications to Chief Justice Directive 85-22, "Rate of Interest on Judgments Which are Appealed." Fri, 19 Jan 2018 15:44:31 Z http://cbaclelegalconnection.com/2018/01/cjd-85-22-amended-modifying-rate-interest-judgments-appealed/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, January 18, 2018, the Colorado Supreme Court issued modifications to <a href="https://www.courts.state.co.us/Courts/Supreme_Court/Directives/85-22_Amended%202018%20Jan11%20WEB.pdf" target="_blank" rel="noopener">Chief Justice Directive 85-22</a>, &#8220;Rate of Interest on Judgments Which are Appealed.&#8221; The changes to the CJD reflect the Secretary of State&#8217;s certification that interest on monetary judgments that are appealed is 4 percent. The changes are in accordance with C.R.S. § 5-12-106(2)(a) and 13-21-101(3). For all of the Colorado Supreme Court&#8217;s Chief Justice Directives, <a href="https://www.courts.state.co.us/Courts/Supreme_Court/cjds/" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/YRGmm27Efs0" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/cjd-85-22-amended-modifying-rate-interest-judgments-appealed/feed/ 0 http://cbaclelegalconnection.com/2018/01/cjd-85-22-amended-modifying-rate-interest-judgments-appealed/ 2018-01-19 15:44 +00:00 2018-01-19 08:44 -07:00 http://cbaclelegalconnection.com/?p=38343 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/fJHRbeo8VPg/ Legislation general assembly health law legislation legislature nursing SB 18-027 First Bill of 2018 Legislative Session Signed on Thursday On Thursday, January 18, 2018, the governor signed into law the first bill of the 2018 Legislative Session. SB 18-027, "Concerning the Enactment of the 'Enhanced Nurse Licensure Compact', and, in Connection Therewith, Making an Appropriation," sponsored by Sens. Nancy Todd &#038; Jim Smallwood and Reps. Hugh McKean &#038; Tracy Kraft-Tharp, makes several changes to the former "Nurse Licensure Compact." Fri, 19 Jan 2018 15:39:22 Z http://cbaclelegalconnection.com/2018/01/first-bill-2018-legislative-session-signed-thursday/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, January 18, 2018, the governor signed into law the first bill of the 2018 Legislative Session. <a href="http://leg.colorado.gov/bills/sb18-027">SB 18-027</a>, &#8220;Concerning the Enactment of the &#8216;Enhanced Nurse Licensure Compact&#8217;, and, in Connection Therewith, Making an Appropriation,&#8221; sponsored by Sens. Nancy Todd &amp; Jim Smallwood and Reps. Hugh McKean &amp; Tracy Kraft-Tharp, makes several changes to the former &#8220;Nurse Licensure Compact.&#8221; These changes include providing authority to each party state licensing board to obtain and submit criminal background checks for multistate nurse licensure candidates; allowing the Interstate Commission of Nurse Licensure Compact Administrators to adopt rules related to the compact; and specifying the procedure for states to enter, withdraw from, or amend the compact. The full text of the bill is <a href="http://leg.colorado.gov/sites/default/files/documents/2018A/bills/2018a_027_enr.pdf">available here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/fJHRbeo8VPg" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/first-bill-2018-legislative-session-signed-thursday/feed/ 0 http://cbaclelegalconnection.com/2018/01/first-bill-2018-legislative-session-signed-thursday/ 2018-01-19 15:39 +00:00 2018-01-19 08:39 -07:00 http://cbaclelegalconnection.com/?p=38339 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/Uk-cdTviGIM/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 1/18/2018 On Thursday, January 18, 2018, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions. Fri, 19 Jan 2018 15:30:13 Z http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-18-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, January 18, 2018, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-4133.pdf" target="_blank" rel="noopener"><em>Branch v. Crowther</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-6137.pdf" target="_blank" rel="noopener"><em>Jackson v. McCollum</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-6155.pdf" target="_blank" rel="noopener"><em>Bracamontes-Elizondo v. Bryant</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-6104.pdf" target="_blank" rel="noopener"><em>Alston v. Harvanek</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/Uk-cdTviGIM" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-18-2018/feed/ 0 http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-18-2018/ 2018-01-19 15:30 +00:00 2018-01-19 08:30 -07:00 http://cbaclelegalconnection.com/?p=38332 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/7U5i9cSWc9U/ Job Satisfaction career transition happiness inspiration job satisfaction job search mental health Capitalism on the Fritz, Continued Post-WWII neoliberal capitalism became a societal institution. Its most rudimentary unit was the concept of working for a living, which meant having a job. Jobs organized life, defined social identities, roles, and virtues, conferred status, supported assumptions about how life worked. Those assumptions held as long as the post-war recovery roared ahead, reinforced by the common human error of assuming happy days weren’t just here again but would continue on indefinitely — especially since we could trace the free market’s roots back a couple hundred years. Thu, 18 Jan 2018 14:42:51 Z http://cbaclelegalconnection.com/2018/01/capitalism-fritz-continued/#respond Kevin Rhodes <div class="pf-content"><p>Post-WWII neoliberal capitalism became a societal institution. Its most rudimentary unit was the concept of working for a living, which meant having a job. Jobs organized life, defined social identities, roles, and virtues, conferred status, supported assumptions about how life worked. Those assumptions held as long as the post-war recovery roared ahead, reinforced by the common human error of assuming happy days weren’t just here again but would continue on indefinitely — especially since we could trace the free market’s roots back a couple hundred years.</p> <p><a href="http://cbaclelegalconnection.com/2018/01/capitalism-fritz-continued/how-will-capitalism-end/" rel="attachment wp-att-38333"><img class="alignleft size-full wp-image-38333" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/how-will-capitalism-end.jpg" alt="" width="150" height="228" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/how-will-capitalism-end.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2018/01/how-will-capitalism-end-99x150.jpg 99w" sizes="(max-width: 150px) 100vw, 150px" /></a>But the recovery didn’t keep roaring on. Those days are over — as evidenced by the consensus list of capitalistic fritzes from <em><a href="https://www.amazon.com/Rethinking-Capitalism-Economics-Sustainable-Inclusive/dp/1119120950/ref=sr_1_1?ie=UTF8&amp;qid=1515363048&amp;sr=8-1&amp;keywords=rethinking+capitalism">Rethinking Capitalism</a> </em>we looked at last time. Neoliberal economics met its match when it ran up against modern megatrends such as globalization and disruptive technologies, and when it did, it relinquished its function as a social institution we can rely on. Hence the list of fritzes.</p> <p>Economic sociologist Wolfgang Streeck<a href="#_edn1" name="_ednref1">[1]</a> reviews essentially the same list in his book <em><a href="https://www.amazon.com/How-Will-Capitalism-End-Failing/dp/1786632985/ref=tmm_pap_swatch_0?_encoding=UTF8&amp;qid=1515365693&amp;sr=1-1">How Will Capitalism End?</a></em> (2017), and concludes that, “I suggest that all [of the developments on the list] may be aggregated into a diagnosis of multi-morbidity in which different disorders coexist and, more often than not, reinforce each other.” <em>I.e.</em>, neoliberalism’s woes are greater than the sum of its microeconomic parts. Streeck characterizes the result as the “advanced decline of the capacity of capitalism as an economic regime to underwrite a stable society.”</p> <p>Where does that leave us? Ryan Avent — senior editor and economic columnist for <em>The Economist — </em>says the following in his book<em> <a href="https://www.amazon.com/Wealth-Humans-Status-Twenty-first-Century/dp/1250075807/ref=tmm_hrd_swatch_0?_encoding=UTF8&amp;qid=&amp;sr=">The Wealth of Humans: Work, Power, and Status in the Twenty-First Century</a></em> (2016):</p> <blockquote><p><a href="http://cbaclelegalconnection.com/2018/01/capitalism-fritz-continued/the-wealth-of-humans/" rel="attachment wp-att-38334"><img class="alignleft size-full wp-image-38334" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/the-wealth-of-humans.jpg" alt="" width="150" height="224" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/the-wealth-of-humans.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2018/01/the-wealth-of-humans-100x150.jpg 100w" sizes="(max-width: 150px) 100vw, 150px" /></a>The remarkable technological progress of the digital age is refracted through industrial institutions in ways that obscure what is causing what. New technologies <em>do</em> contain the potential to revolutionize society and the economy. New firms are appearing which promise to move society along this revolutionary path. And collateral damage, in the form of collapsing firms and sacked workers, is accumulating.</p> <p>But the institutions we have available, and which have served us well these last two centuries, are working to take the capital and labour that has been made redundant and reuse it elsewhere. Workers, needing money to live, seek work, and accept pay cuts when they absolutely must. Lower wages make it attractive for firms to use workers at less productive tasks . . . [and reduce] the incentive to invest in labour-saving technology.</p> <p>This process will not end without a dramatic and unexpected shift in the nature of technology, or in the nature of economic institutions.</p></blockquote> <p>As we’ll see in future posts, technology has already moved far enough along that any “dramatic and unexpected shift in the nature of technology” is unlikely to backtrack — instead is far more likely to accelerate the erosion of societal economic norms. As for a shift in “the nature of economic institutions,” there is no replacement economic system waiting in the wings. The result, says Streeck, is that we are entering an “age of entropy,” where we are likely to remain for the foreseeable future. He describes it as follows:</p> <blockquote><p>Social life in an age of entropy is by necessity individualistic… In the absence of collective institutions, social structures must be devised individually bottom-up, anticipating and accommodating top-down pressures from the markets. Social life consists of individuals building networks of private connections around themselves, as best they can with the means they happen to have at hand. Person-centred relation-making creates lateral social structures that are voluntary and contract-like, which makes them flexible but perishable, requiring continuous networking to keep them together and adjust them on a current basis to changing circumstances. An ideal tool for this are the new social media that produce social structures for individuals, substituting voluntary for obligatory forms of social relations, and <em>networks of users</em> for <em>communities of citizens</em>.</p></blockquote> <p>He’s speaking in general, sociological terms, but his description closely mirrors the realities of the kind of résumé creating, network building, and job seeking that dominate the current world of temporary, part-time, contract labor, which makes up the vast majority of new jobs created in this century. These new jobs are not the same jobs that characterized the former workplace model; working for a living has taken on a whole new meaning. Among other things, we now have what some are calling the “Gig Economy,” the “On-Demand Economy,” or even the “Quitting Economy.”</p> <p><em>More on that next time.</em></p> <hr /> <p><a href="#_ednref1" name="_edn1">[1]</a> Of interest is this December 14, 2017 interview with Prof. Streeck entitled “Farewell, Neoliberalism” <a href="https://wolfgangstreeck.com/">on his website</a>.</p> <p>&nbsp;</p> <div style="border: 1px solid #becbcf; background-color: #dee4e7;"> <p><em>Kevin Rhodes is on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. His past blog posts for the CBA have been collected in two volumes — click the book covers for more information.</em></p> <p><a href="https://www.amazon.com/Law-Enlightenment-Other-States-Mind/dp/1521495009/ref=asap_bc?ie=UTF8" target="_blank" rel="attachment wp-att-37444 noopener"><img class="alignleft size-full wp-image-37444" src="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Law-enlightenment-2nd-edition.jpg" alt="" width="150" height="225" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Law-enlightenment-2nd-edition.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Law-enlightenment-2nd-edition-100x150.jpg 100w" sizes="(max-width: 150px) 100vw, 150px" /></a><a href="https://www.amazon.com/Cyborg-Lawyers-Kevin-Rhodes/dp/1521825769/ref=asap_bc?ie=UTF8" target="_blank" rel="attachment wp-att-37445 noopener"><img class="alignleft size-full wp-image-37445" src="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/cover-3-thumbnail.jpg" alt="" width="150" height="225" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/cover-3-thumbnail.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2017/07/cover-3-thumbnail-100x150.jpg 100w" sizes="(max-width: 150px) 100vw, 150px" /></a></p> </div> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/7U5i9cSWc9U" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/capitalism-fritz-continued/feed/ 0 http://cbaclelegalconnection.com/2018/01/capitalism-fritz-continued/ 2018-01-18 14:42 +00:00 2018-01-18 07:42 -07:00 http://cbaclelegalconnection.com/?p=38328 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/MtKLsTwMDYc/ Updates 5th Judicial District Clear Creek County court appointments Eagle County judge appointments Rachel Olguin-Fresquez Appointed to Eagle County Court On Wednesday, January 17, 2018, the Colorado State Judicial Branch announced the governor's appointment of Rachel Olguin-Fresquez to the Eagle County Court in the Fifth Judicial District. Olguin-Fresquez will fill a vacancy created by the resignation of Hon. Kathleen Sullivan, effective immediately. Thu, 18 Jan 2018 14:26:00 Z http://cbaclelegalconnection.com/2018/01/rachel-olguin-fresquez-appointed-eagle-county-court/#respond Susan Hoyt <div class="pf-content"><p><a href="http://cbaclelegalconnection.com/2018/01/rachel-olguin-fresquez-appointed-eagle-county-court/olympus-digital-camera/" rel="attachment wp-att-38329"><img class="alignleft wp-image-38329 size-full" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/Olguin-Fresquez.jpg" alt="" width="180" height="234" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/01/Olguin-Fresquez.jpg 180w, http://cbaclelegalconnection.com/wp-content/uploads/2018/01/Olguin-Fresquez-115x150.jpg 115w" sizes="(max-width: 180px) 100vw, 180px" /></a></p> <p>On Wednesday, January 17, 2018, the Colorado State Judicial Branch announced the governor&#8217;s appointment of Rachel Olguin-Fresquez to the Eagle County Court in the Fifth Judicial District. Olguin-Fresquez will fill a vacancy created by the resignation of Hon. Kathleen Sullivan, effective immediately.</p> <p>Olguin-Fresquez is currently a county court judge in Clear Creek County, where she handles civil and criminal matters. She was appointed to the Clear Creek County Court in 2006. Prior to her appointment, she was the Chief Deputy District Attorney in the Fifth Judicial District. She also was a K-2 elementary school teacher for three years prior to attending law school. She received her undergraduate degree from the University of Colorado at Boulder and her law degree from the Tulane University School of Law.</p> <p>For more information about the appointment, <a href="https://www.courts.state.co.us/Media/Appointments.cfm" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/MtKLsTwMDYc" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/rachel-olguin-fresquez-appointed-eagle-county-court/feed/ 0 http://cbaclelegalconnection.com/2018/01/rachel-olguin-fresquez-appointed-eagle-county-court/ 2018-01-18 14:26 +00:00 2018-01-18 07:26 -07:00 http://cbaclelegalconnection.com/?p=38326 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/sXATawR-NkM/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 1/17/2018 On Wednesday, January 17, 2018, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions. Thu, 18 Jan 2018 14:17:10 Z http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-17-2018/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, January 17, 2018, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-4000.pdf" target="_blank" rel="noopener"><em>United States v. Sanchez</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-1441.pdf" target="_blank" rel="noopener"><em>Hutson v. USA Judicial System</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/sXATawR-NkM" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-17-2018/feed/ 0 http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-17-2018/ 2018-01-18 14:17 +00:00 2018-01-18 07:17 -07:00 http://cbaclelegalconnection.com/?p=38324 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/rZn-vQe-kV0/ Case Law Colorado Supreme Court Colorado Supreme Court: Announcement Sheet, 1/16/2018 On Tuesday, January 16, 2018, the Colorado Supreme Court issued one published opinion. Wed, 17 Jan 2018 15:36:04 Z http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-announcement-sheet-1-16-2018/#respond Susan Hoyt <div class="pf-content"><p>On Tuesday, January 16, 2018, the Colorado Supreme Court issued one published opinion.</p> <p><a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2017/17SA159.pdf" target="_blank" rel="noopener"><em>People v. Fields</em> and <em>People v. Reed</em></a></p> <p>The summary for these cases is forthcoming.</p> <p>Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is <a href="https://www.courts.state.co.us/Courts/Court_Of_Appeals/Case_Announcements/Files/2018/1C546301-11-18%20.pdf" target="_blank" rel="noopener noreferrer">available here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/rZn-vQe-kV0" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-announcement-sheet-1-16-2018/feed/ 0 http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-announcement-sheet-1-16-2018/ 2018-01-17 15:36 +00:00 2018-01-17 08:36 -07:00 http://cbaclelegalconnection.com/?p=38322 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/k2RHDfG8oVQ/ Case Law Colorado Supreme Court constitutional law criminal law Fourth Amendment seizure suppression Colorado Supreme Court: Officers Acquired Reasonable Suspicion By the Time Stop Became Investigatory The Colorado Supreme Court issued its opinion in <em>People v. Fields</em> and <em>People v. Reed</em> on Tuesday, January 16, 2018. Wed, 17 Jan 2018 15:34:12 Z http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-officers-acquired-reasonable-suspicion-time-stop-became-investigatory/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Supreme Court issued its opinion in <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2017/17SA159.pdf" target="_blank" rel="noopener"><em>People v. Fields</em> and <em>People v. Reed</em></a> on Tuesday, January 16, 2018.</p> <blockquote><p><em>Contact-Short-of-a-Stop—Reasonable Articulable Suspicion—Probable Cause—Inevitable Discovery. </em></p> <p>The People brought interlocutory appeals, as authorized by C.R.S. § 16-12-102(2) and C.A.R. 4.1, from the district court’s orders suppressing contraband and statements in the related prosecutions of defendants Fields and Reed. The district court found that the initial contact with both defendants in a parked car constituted an investigatory stop for which the police lacked reasonable articulable suspicion, and it suppressed all evidence acquired after the point of initial contact as the fruit of an unlawful stop.</p> <p>The supreme court reversed the district court’s suppression orders and remanded the case for further proceedings. The court held that the district court failed to appreciate that the officers’ initial contact with defendants fell short of a stop. By the point at which the contact progressed to a seizure within the contemplation of the Fourth Amendment, the officers had acquired the requisite reasonable articulable suspicion, and subsequently probable cause, to justify their investigative conduct, or inevitably would have lawfully arrested defendants and discovered the contraband.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/k2RHDfG8oVQ" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-officers-acquired-reasonable-suspicion-time-stop-became-investigatory/feed/ 0 http://cbaclelegalconnection.com/2018/01/colorado-supreme-court-officers-acquired-reasonable-suspicion-time-stop-became-investigatory/ 2018-01-17 15:34 +00:00 2018-01-17 08:34 -07:00 http://cbaclelegalconnection.com/?p=38320 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/igmjnvniME4/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 1/16/2018 On Tuesday, January 16, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions. Wed, 17 Jan 2018 15:26:22 Z http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-16-2018/#respond Susan Hoyt <div class="pf-content"><p>On Tuesday, January 16, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-4061.pdf" target="_blank" rel="noopener"><em>Saggiani v. Strong</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/17/17-1386.pdf" target="_blank" rel="noopener"><em>Mendoza v. Trump</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/igmjnvniME4" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-16-2018/feed/ 0 http://cbaclelegalconnection.com/2018/01/tenth-circuit-unpublished-opinions-1-16-2018/ 2018-01-17 15:26 +00:00 2018-01-17 08:26 -07:00 http://cbaclelegalconnection.com/?p=38311 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/ABvjPXthjUE/ Case Law child abuse Colorado Court of Appeals criminal law evidence hearsay sexual assault Colorado Court of Appeals: Whether Minor Initiated Sexual Contact is Irrelevant Under Sexual Assault on a Child Statutes The Colorado Court of Appeals issued its opinion in <em>People v. Sparks</em> on Thursday, January 11, 2018. Tue, 16 Jan 2018 16:47:24 Z http://cbaclelegalconnection.com/2018/01/colorado-court-appeals-whether-minor-initiated-sexual-contact-irrelevant-sexual-assault-child-statutes/#respond CBA-CLE Staff <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/15CA0171-PD.pdf" target="_blank" rel="noopener"><em>People v. Sparks</em></a> on Thursday, January 11, 2018.</p> <blockquote><p><em>Sexual Assault—Child—Prosecutorial Misconduct—Sufficiency of Evidence—Hearsay—Jury Instructions—Video Interview of Defendant.</em></p> <p>Sparks attended a party at his wife’s cousin’s house. The cousin’s daughter, A.M., reported that while she was at the party and Skyping on her computer, Sparks touched her breast over her clothing. She also reported that as she was Skyping, her friend S.F. (the victim) and Sparks were behind her, and that through her computer’s camera she saw the victim grabbing Sparks’s groin area and making other movements. At the time, A.M. was 14 and the victim was 13. Sparks admitted to what A.M. reported and to touching the victim’s groin, breast, and bottom area. Sparks was convicted of one count of sexual assault on a child as to the victim.</p> <p>On appeal, Sparks contended that the prosecutor engaged in misconduct by misstating the law and evidence during closing argument. Specifically, Sparks asserted it was error for the prosecutor to tell the jury that it did not matter that the victim initiated the sexual contact, arguing that C.R.S. § 18-3-405(1), the sexual assault on a child statute, required the prosecution to prove that he caused the victim to become subservient or subordinate or that the child victim initiated the sexual contact at his directive. Sexual contact includes the touching of the defendant’s intimate parts by the victim. The phrase “subjects another . . . to any sexual contact” in the statute does not require the People to prove that defendant caused the child-victim to become “subservient or subordinate” or that the child-victim initiated the sexual contact at defendant’s directive. There was no error in the prosecutor’s statement to the jury.</p> <p>Sparks also argued that the prosecutor misstated the evidence by saying A.M. saw improper sexual contact between the victim and Sparks through a computer camera while on Skype and that Sparks knew exactly how old the victim was. As discussed below, the court did not err in admitting this evidence, and given this evidence, the prosecutor did not misstate nor draw improper inferences from it.</p> <p>Sparks further contended that the prosecution failed to produce sufficient evidence to prove that he committed sexual assault on a child because the only evidence as to the victim’s age was inadmissible. He contended that the court erred in admitting the detective’s and A.M.’s testimony and Sparks’s interview statement about the victim’s age because these were hearsay. All of this evidence was admitted without objection. A.M.’s testimony may have been based on her personal knowledge or the victim’s reputed age, and thus would not have been hearsay or would have fallen within a hearsay exception. Thus, the trial court’s ruling on A.M.’s testimony was not erroneous, much less obviously so. Similarly, the basis for the detective’s testimony could not be determined, but the court of appeals could not conclude that the trial court’s admission of this testimony was obviously erroneous. And even assuming that admitting this testimony was obvious error, such error would be harmless in light of A.M.’s testimony and Sparks’s interview statement. CRE 805 does not apply to Sparks’s interview admission because as a party opponent his statement does not require firsthand knowledge to be admissible. It was not plain error to admit the evidence, and it was sufficient.</p> <p>Sparks also asserted that the court abused its discretion by instructing the jury that it could assign his interview video any weight it wanted when the court provided the video to the jury during deliberations. The court did not instruct the jury to give Sparks’s statements any weight it wanted. Further, no special protections against undue emphasis as to a defendant’s out-of-court statements were required. Lastly, the court provided specific instructions for the jury to follow in viewing the evidence, and thus appropriately exercised its discretion.</p> <p>Sparks further contended that the trial court denied him his constitutional right to effective assistance of counsel by providing his interview video to the jury during deliberations without notifying his counsel. The court agreed, but concluded this error was harmless beyond a reasonable doubt.</p> <p>The judgment of conviction was affirmed.</p></blockquote> <p><em>Summary provided courtesy of </em><a href="http://www.cobar.org/-em-Colorado-Lawyer-em" target="_blank" rel="noopener">Colorado Lawyer</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/ABvjPXthjUE" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/01/colorado-court-appeals-whether-minor-initiated-sexual-contact-irrelevant-sexual-assault-child-statutes/feed/ 0 http://cbaclelegalconnection.com/2018/01/colorado-court-appeals-whether-minor-initiated-sexual-contact-irrelevant-sexual-assault-child-statutes/ 2018-01-16 16:47 +00:00 2018-01-16 09:47 -07:00