Legal Connection Updates http://cbaclelegalconnection.com/?p=38841 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/0pe3zLpyuYY/ Updates court appointments federal judiciary judge appointments U.S. District Court for the District of Colorado Application Period Open for Magistrate Judge Vacancy on U.S. District Court for the District of Colorado On April 14, 2018, the U.S. District Court for the District of Colorado announced a vacancy for a Magistrate Judge. The position is part-time for a term of four years and is located in Durango, Colorado. The duties of the magistrate judge are outlined in 28 U.S.C. § 636. Fri, 20 Apr 2018 15:46:59 Z http://cbaclelegalconnection.com/2018/04/application-period-open-for-magistrate-judge-vacancy-on-u-s-district-court-for-the-district-of-colorado/#respond Susan Hoyt <div class="pf-content"><p>On April 14, 2018, the U.S. District Court for the District of Colorado announced a vacancy for a Magistrate Judge. The position is part-time for a term of four years and is located in Durango, Colorado. The duties of the magistrate judge are outlined in 28 U.S.C. § 636, as follows:</p> <blockquote><p>In criminal cases, the duties of the part-time Magistrate Judge in Durango are specified in the Western Slope protocol. They include: (1) issuance of search warrants; (2) conducting preliminary proceedings; (3) presiding over the trial and disposition of misdemeanor cases; and (4) upon reference, hearing and making recommendations on pretrial motions and, upon consent of the parties, conducting change of plea hearings and giving appropriate advisements in accordance with Fed. R. Crim. P. 11 in felony cases. In civil cases, the duties of a part-time magistrate judge include: (1) conducting various pretrial matters and evidentiary proceedings on delegation from a district judge, and (2) under certain specified conditions, trial and disposition of civil cases upon the consent of the parties.</p></blockquote> <p>Qualified applicants must:</p> <blockquote> <ol> <li>Be, and for the prior five years have been, a member in good standing of the bar of the highest court of a state, the District of Columbia, the  Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States;</li> <li>Have been engaged in the active practice of law for a period of at least five years (with some substitutes authorized);</li> <li>Be competent to perform all the duties of the office. This includes, but is not limited to being of good moral character, being emotionally stable and mature, being committed to equal justice under the law, being in good health, being patient and courteous, and being capable of deliberation and decisiveness;</li> <li>Be less than seventy years old; and</li> <li>Not be related to a judge of the district court.</li> </ol> </blockquote> <p>Additionally, applicants must complete an FBI full-field investigation and an IRS tax check.</p> <p>Applications are available on the U.S. District Court&#8217;s <a href="https://www.cod.uscourts.gov/HR/EmploymentOpportunities.aspx" target="_blank" rel="noopener">website</a>, and must be submitted via email to <a href="mailto:cod_magistratejudge_durangosubmissions@cod.uscourts.gov">cod_magistratejudge_durangosubmissions@cod.uscourts.gov</a>. Applications must be received by 5:00 p.m. on May 18, 2018, to be considered. Questions from applicants may be directed to Mrs. Louise Wilson, Human Resources Administrator, at (303) 335-2490.</p> <p>For more information about the position, <a href="https://www.cod.uscourts.gov/Documents/HR/Durango_MJ_Notice.pdf" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/0pe3zLpyuYY" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/application-period-open-for-magistrate-judge-vacancy-on-u-s-district-court-for-the-district-of-colorado/feed/ 0 http://cbaclelegalconnection.com/2018/04/application-period-open-for-magistrate-judge-vacancy-on-u-s-district-court-for-the-district-of-colorado/ 2018-04-20 15:46 +00:00 2018-04-20 09:46 -06:00 http://cbaclelegalconnection.com/?p=38839 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/uG0w38ieIsQ/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 4/19/2018 On Thursday, April 19, 2018, the Tenth Circuit Court of Appeals issued one published opinion and four unpublished opinions. Fri, 20 Apr 2018 15:26:56 Z http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-19-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, April 19, 2018, the Tenth Circuit Court of Appeals issued one published opinion and four unpublished opinions.</p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-6151.pdf" target="_blank" rel="noopener"><em>Le v. Aldridge</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/16/16-4143.pdf" target="_blank" rel="noopener"><em>United States v. Riddle</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/16/16-4146.pdf" target="_blank" rel="noopener"><em>United States v. Johnson</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-1267.pdf" target="_blank" rel="noopener"><em>Stine v. Fox</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/uG0w38ieIsQ" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-19-2018/feed/ 0 http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-19-2018/ 2018-04-20 15:26 +00:00 2018-04-20 09:26 -06:00 http://cbaclelegalconnection.com/?p=38832 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/XTLb5df4KTo/ Job Satisfaction career transition economics happiness inspiration job satisfaction job search mental health The Perils of Policy Economics articles, books, and speeches usually end with policy recommendations. You can predict them in advance if you know the ideological bias of the source. Let’s look at three, for comparison. First, this Brookings Institute piece— What happens if robots take the jobs? The impact of emerging technologies on employment and public policy — written a couple years back by Darrell M. West, vice president and director of Governance Studies and founding director of the Center for Technology Innovation at the Institute. Thu, 19 Apr 2018 15:51:29 Z http://cbaclelegalconnection.com/2018/04/the-perils-of-policy/#respond Kevin Rhodes <div class="pf-content"><p>Economics articles, books, and speeches usually end with policy recommendations. You can predict them in advance if you know the ideological bias of the source. Let’s look at three, for comparison.</p> <p>First, this Brookings Institute piece— <em><a href="https://www.brookings.edu/wp-content/uploads/2016/06/robotwork.pdf">What happens if robots take the jobs? The impact of emerging technologies on employment and public policy</a></em> — written a couple years back by Darrell M. West, vice president and director of Governance Studies and founding director of the <a href="https://www.brookings.edu/about-the-center-for-technology-innovation/">Center for Technology Innovation</a> at the Institute.</p> <p>Second, this piece — <em><a href="https://www.weforum.org/agenda/2018/03/inequality-isn't-inevitable/">Inequality isn&#8217;t inevitable. Here&#8217;s what we can do differently</a></em> — published by the World Economic Forum and written last month by a seriously over-achieving 23-year old globe-trotting Italian named <a href="https://www.weforum.org/agenda/authors/andrea-zorzetto">Andrea Zorzetto</a>.</p> <p>Third, this piece — <em><a href="http://americasjubilee.com/">Mark My Words: This Political Event Will be Unlike Anything We’ve Seen in 50 Years</a></em> — by Porter Stansberry, which showed up in my Facebook feed last month. Stansberry offers this bio: “You may not know me, but nearly 20 years ago, I started a financial research and education business called Stansberry Research. Today we have offices in the U.S., Hong Kong, and Singapore. We serve more than half a million paid customers in virtually every country (172 at last count). We have nearly 500 employees, including dozens of financial analysts, corporate attorneys, accountants, technology experts, former hedge fund managers, and even a medical doctor.”</p> <p>The Brookings article is what you would expect: long, careful, reasoned. Energetic Mr. Zorzetto’s article is bright, upbeat, and generally impressive. Porter Stansberry’s missive is … well, we’ll just let it speak for itself. I chose these three because they all cite the same economic data and developments, but reach for different policy ideals. There’s plenty more where these came from. Read enough of them, and they start to organize themselves into multiple opinion categories which after numerous iterations all mush together into vague uncertainty.</p> <p>There’s got to be a better way. Turns out there is: how about if we ask the economy itself what it’s up to? That’s what the emerging field of study called “complexity economics” does. <a href="https://www.exploring-economics.org/en/orientation/complexity-economics/">Here’s a short explanation of it</a>, published online by <em>Exploring Economics</em>, an “open source learning platform.” The word “complexity” in this context doesn’t mean “hard to figure out.” It’s a technical term borrowed from a systems theory approach that originated in science, mathematics, and statistics.</p> <p>Complexity economics bypasses ideological bias and lets the raw data speak for itself. It’s amazing what you hear when you give data a voice — for example, an answer to the question we heard the Queen of England ask a few posts back, which a group of Cambridge economists couldn’t answer (neither could anyone else, for that matter): Why didn’t we see the 2007-2008 Recession coming? The economy had and answer; you just need to know how to listen to it. (More on that coming up.)</p> <p>What gives data its voice? Ironically, the very job-threatening technological trends we’ve been talking about in the past couple months:</p> <p>Big Data + Artificial Intelligence + Brute Strength Computer Processing Power<br /> = Complexity Economics</p> <p>Which means — in a stroke of delicious irony — guess whose jobs are most threatened by this new approach to economics? You guessed it: the jobs currently held by ideologically-based economists making policy recommendations. For them, economics just became “<a href="https://www.theatlantic.com/business/archive/2013/12/why-economics-is-really-called-the-dismal-science/282454/">the dismal science</a>” in a whole new way.</p> <p>Complex systems theory is as close to a <a href="https://en.wikipedia.org/wiki/Theory_of_everything">Theory of Everything</a> as I’ve seen. No kidding. We’ll be looking at it in more depth, but first… Explaining is one thing, but predicting is another. Policy-making invariably relies on the ability to predict outcomes, but predicting has its own perils. <em>We’ll look at those next time.</em> In the meantime, just for fun&#8230;</p> <p><a href="http://cbaclelegalconnection.com/2018/04/the-perils-of-policy/the-perils-of-pauline-1/" rel="attachment wp-att-38833"><img class="alignnone size-full wp-image-38833" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline-1.jpg" alt="" width="200" height="150" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline-1.jpg 200w, http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline-1-150x113.jpg 150w" sizes="(max-width: 200px) 100vw, 200px" />                          </a> <a href="https://en.wikipedia.org/wiki/The_Perils_of_Pauline_(1947_film)" target="_blank" rel="attachment noopener wp-att-38834"><img class="alignnone size-full wp-image-38834" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline.jpg" alt="" width="150" height="220" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-perils-of-pauline-102x150.jpg 102w" sizes="(max-width: 150px) 100vw, 150px" /></a></p> <p>If you click on the first image, you’ll go to the original silent movie melodrama series. A click on the second image takes you to Wikipedia re: the 1947 Hollywood technicolor remake. The original is from a period of huge economic growth and quality of life advancements. The movie came out at the beginning of equally powerful post-WWII economic growth. Which leads to another economic history book I can’t recommend highly enough, shown in the image on the left below. Like <em>Americana</em>, which I recommended a couple weeks ago, it’s well researched and readable. They’re both big, thick books, but together they offer a fascinating course on all the American history we never knew. (Click the images for more.)</p> <p><a href="https://press.princeton.edu/titles/10544.html" rel="attachment wp-att-38835"><img class="alignnone size-full wp-image-38835" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-rise-and-fall-of-american-growth.png" alt="" width="150" height="220" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-rise-and-fall-of-american-growth.png 150w, http://cbaclelegalconnection.com/wp-content/uploads/2018/04/the-rise-and-fall-of-american-growth-102x150.png 102w" sizes="(max-width: 150px) 100vw, 150px" /></a>                    <a href="https://www.americana.tv/" rel="attachment wp-att-38836"><img class="alignnone size-full wp-image-38836" src="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/Americana-1.jpg" alt="" width="110" height="165" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2018/04/Americana-1.jpg 110w, http://cbaclelegalconnection.com/wp-content/uploads/2018/04/Americana-1-100x150.jpg 100w" sizes="(max-width: 110px) 100vw, 110px" /></a></p> <p>&nbsp;</p> <div style="border: 1px solid #999999; background-color: #dadada;"> <p><em><a href="http://cbaclelegalconnection.com/2017/07/can-money-buy-happiness/photo-kevin-head-shot-thumbnail/" rel="attachment wp-att-37377"><img class="alignleft size-full wp-image-37377" src="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail.jpg" alt="" width="150" height="187" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail.jpg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2017/07/Photo-Kevin-Head-Shot-thumbnail-120x150.jpg 120w" sizes="(max-width: 150px) 100vw, 150px" /></a></em></p> <p><a href="https://www.linkedin.com/in/kevin-rhodes-b171117/">Kevin Rhodes </a>writes about individual growth and cultural change, drawing on insights from science, technology, disruptive innovation, entrepreneurship, neuroscience, psychology, and personal experience, including his own unique journey to wellness — dealing with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.</p> <p>Check out Kevin’s latest LinkedIn Pulse article: <em>“</em><a href="https://www.linkedin.com/pulse/when-we-move-can-achieve-impossible-kevin-rhodes/">When We Move, We Can Achieve the Impossible</a>.”</p> </div> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/XTLb5df4KTo" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/the-perils-of-policy/feed/ 0 http://cbaclelegalconnection.com/2018/04/the-perils-of-policy/ 2018-04-19 15:51 +00:00 2018-04-19 09:51 -06:00 http://cbaclelegalconnection.com/?p=38830 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/hJmZMsInLU0/ Case Law Colorado Court of Appeals Colorado Court of Appeals: Announcement Sheet, 4/19/2018 On Thursday, April 19, 2018, the Colorado Court of Appeals issued nine published opinions and 45 unpublished opinions. Thu, 19 Apr 2018 15:41:23 Z http://cbaclelegalconnection.com/2018/04/colorado-court-of-appeals-announcement-sheet-4-19-2018/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, April 19, 2018, the Colorado Court of Appeals issued nine published opinions and 45 unpublished opinions.</p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/14CA1181-PD.pdf" target="_blank" rel="noopener"><em>People v. Figueroa-Lemus</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/14CA1392-PD.pdf" target="_blank" rel="noopener"><em>People v. Margerum</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/15CA0121-PD.pdf" target="_blank" rel="noopener"><em>People v. Bryant</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/15CA1816-PD.pdf" target="_blank" rel="noopener"><em>People v. Butcher</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/16CA1909-PD.pdf" target="_blank" rel="noopener"><em>Paradine v. Goei</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0098-PD.pdf" target="_blank" rel="noopener"><em>Pena v. American Family Mutual Ins. Co.</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0404-PD.pdf" target="_blank" rel="noopener"><em>People in Interest of L.M.</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0460-PD.pdf" target="_blank" rel="noopener"><em>People in Interest of E.R.</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2018/17CA0634-PD.pdf" target="_blank" rel="noopener"><em>Franklin Drilling &amp; Blasting, Inc. v. Lawrence Construction Co.</em></a></p> <p>Summaries of these cases are 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/2018/7B2BB304-19-18%20.pdf" target="_blank" rel="noopener noreferrer">available here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/hJmZMsInLU0" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/colorado-court-of-appeals-announcement-sheet-4-19-2018/feed/ 0 http://cbaclelegalconnection.com/2018/04/colorado-court-of-appeals-announcement-sheet-4-19-2018/ 2018-04-19 15:41 +00:00 2018-04-19 09:41 -06:00 http://cbaclelegalconnection.com/?p=38828 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/t9MFu2_C3Yw/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 4/18/2018 On Wednesday, April 18, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions. Thu, 19 Apr 2018 15:36:13 Z http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-18-2018/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, April 18, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.</p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-7059.pdf" target="_blank" rel="noopener"><em>Burney v. Aldridge</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-6181.pdf" target="_blank" rel="noopener"><em>United States v. Quevado-Valdez</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/t9MFu2_C3Yw" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-18-2018/feed/ 0 http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-18-2018/ 2018-04-19 15:36 +00:00 2018-04-19 09:36 -06:00 http://cbaclelegalconnection.com/?p=38826 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/C8GywCWL7kI/ Case Law Colorado Supreme Court criminal law Fourth Amendment seizure warrantless search Colorado Supreme Court: Compliance with Departmental Policy Insufficient to Bring Seizure of Vehicle Within Exception to Fourth Amendment Warrant Requirement The Colorado Supreme Court issued its opinion in <em>People v. Quick</em> on Monday, April 16, 2018. Wed, 18 Apr 2018 14:55:06 Z http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-compliance-with-departmental-policy-insufficient-to-bring-seizure-of-vehicle-within-exception-to-fourth-amendment-warrant-requirement/#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/2016/16SA320.pdf" target="_blank" rel="noopener"><em>People v. Quick</em></a> on Monday, April 16, 2018.</p> <blockquote><p><em>Inventory Search—Impoundment. </em></p> <p>The People brought an interlocutory appeal, as authorized by C.R.S. § 14 16-12-102(2) and C.A.R. 4.1, from a district court order granting Quick’s motion to suppress a gun found during an inventory search of his car. The district court initially denied the motion, but in light of the court of appeals’ opinion in <em>People v. Brown</em>, 2016 COA 150, __ P.3d __, it found that where Quick was merely cited, and not actually arrested, for driving with a suspended license, and where the only justification offered for seizing his car was instead the likelihood that he would continue to drive and thereby endanger public safety, the initial seizure of his car did not fall within the community caretaking exception to the probable cause and warrant requirements of the Fourth Amendment.</p> <p>The supreme court affirmed the district court’s order. Compliance with a departmental policy or procedure is insufficient in and of itself to bring the seizure of a vehicle within an exception to the Fourth Amendment warrant requirement. Moreover, seizing a vehicle to prevent the driver from continuing to drive with a suspended license does not fall within the specific community caretaking exception.</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/C8GywCWL7kI" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-compliance-with-departmental-policy-insufficient-to-bring-seizure-of-vehicle-within-exception-to-fourth-amendment-warrant-requirement/feed/ 0 http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-compliance-with-departmental-policy-insufficient-to-bring-seizure-of-vehicle-within-exception-to-fourth-amendment-warrant-requirement/ 2018-04-18 14:55 +00:00 2018-04-18 08:55 -06:00 http://cbaclelegalconnection.com/?p=38824 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/votrfO9Iz-4/ Case Law Colorado Supreme Court criminal law Fourth Amendment seizure warrantless search Colorado Supreme Court: Seizure of Vehicle Not Justified as Exercise of Police Caretaking Function The Colorado Supreme Court issued its opinion in <em>People v. Brown</em> on Monday, April 16, 2018. Wed, 18 Apr 2018 14:51:35 Z http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-seizure-of-vehicle-not-justified-as-exercise-of-police-caretaking-function/#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/2016/16SC922.pdf" target="_blank" rel="noopener"><em>People v. Brown</em></a> on Monday, April 16, 2018.</p> <blockquote><p><em>Inventory Search—Impoundment.</em></p> <p>The People petitioned for review of the court of appeals’ judgment reversing Brown’s drug-related conviction on the ground that his motion to suppress should have been granted. <em>See People v. Brown</em>, 2016 COA 150, __ P.3d __. The district court found that the contraband in question was discovered during an inventory search of defendant’s vehicle, the conduct of which was within the officers’ discretion according to the policies and procedures of the Aurora Police Department, even though they had already decided to issue a summons rather than arrest defendant for driving with a suspended license. By contrast, the court of appeals found that in the absence of an arrest, seizing defendant’s vehicle to provoke an inventory of its contents could not be justified as an exercise of the police caretaking function, and in the absence of any other recognized exception to the probable cause and warrant requirements of the Fourth Amendment, violated its prohibition against unreasonable searches and seizures.</p> <p>The supreme court affirmed the court of appeals’ judgment. The record failed to demonstrate that seizure of defendant’s vehicle was justified as an exercise of the police caretaking function or was otherwise reasonable within the meaning of the Fourth Amendment, regardless of local ordinances or police policies and procedures broad enough to grant the officers discretion to impound the vehicle of a driver merely summoned rather than arrested for driving with a suspended license.</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/votrfO9Iz-4" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-seizure-of-vehicle-not-justified-as-exercise-of-police-caretaking-function/feed/ 0 http://cbaclelegalconnection.com/2018/04/colorado-supreme-court-seizure-of-vehicle-not-justified-as-exercise-of-police-caretaking-function/ 2018-04-18 14:51 +00:00 2018-04-18 08:51 -06:00 http://cbaclelegalconnection.com/?p=38822 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/1loqT2NJoYY/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 4/17/2018 On Tuesday, April 17, 2018, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions. Wed, 18 Apr 2018 14:48:23 Z http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-17-2018/#respond Susan Hoyt <div class="pf-content"><p>On Tuesday, April 17, 2018, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions.</p> <p><a href="https://www.ca10.uscourts.gov/opinions/16/16-6234.pdf" target="_blank" rel="noopener"><em>United States v. Ramirez-Hernandez</em></a></p> <p><a href="https://www.ca10.uscourts.gov/opinions/17/17-1299.pdf" target="_blank" rel="noopener"><em>Schoenfeld v. Sides</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/~4/1loqT2NJoYY" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-17-2018/feed/ 0 http://cbaclelegalconnection.com/2018/04/tenth-circuit-unpublished-opinions-4-17-2018/ 2018-04-18 14:48 +00:00 2018-04-18 08:48 -06:00 http://cbaclelegalconnection.com/?p=38816 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/3uggBMxW21c/ Legislation construction law education law environmental law HB 18-1017 HB 18-1018 HB 18-1049 HB 18-1056 HB 18-1078 HB 18-1154 HB 18-1239 health law insurance law legislation mental health military law motor vehicle law real estate law SB 18-011 SB 18-079 SB 18-087 SB 18-106 SB 18-110 SB 18-127 SB 18-129 SB 18-136 SB 18-161 SB 18-162 SB 18-170 SB 18-172 SB 18-176 SB 18-182 SB 18-183 SB 18-184 water law Bills Signed Requiring Commercial Drivers to Receive Training in Human Trafficking Prevention, Modifying Water Court Process for Substitute Water Rights, and More On Thursday, April 12, 2018, Governor Hickenlooper signed 23 bills into law. To date, he has signed 149 bills and sent one to the Secretary of State without a signature. Some of the bills signed Thursday include a bill allowing a water court process for mitigation measures, a bill requiring commercial drivers to receive training on prevention of human trafficking, a bill authorizing insurers' agents to access the electronic motor vehicle title database, and more. Tue, 17 Apr 2018 14:53:33 Z http://cbaclelegalconnection.com/2018/04/bills-signed-requiring-commercial-drivers-to-receive-training-in-human-trafficking-prevention-modifying-water-court-process-for-substitute-water-rights-and-more/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, April 12, 2018, Governor Hickenlooper signed 23 bills into law. To date, he has signed 149 bills and sent one to the Secretary of State without a signature. Some of the bills signed Thursday include a bill allowing a water court process for mitigation measures, a bill requiring commercial drivers to receive training on prevention of human trafficking, a bill authorizing insurers&#8217; agents to access the electronic motor vehicle title database, and more. The bills signed Thursday are summarized here.</p> <ul> <li><a href="https://www.leg.colorado.gov/bills/SB18-011" target="_blank" rel="noopener"><strong>SB 18-011</strong></a> &#8211; &#8220;Concerning Treatment of Students who are Excused by their Parents from Participating in State Assessments,&#8221; by Sens. Chris Holbert &amp; Andy Kerr and Reps. Tracy Kraft-Tharp &amp; Paul Lundeen. The bill clarifies procedures for parents who excuse their children from taking state assessments and students whose parents excuse them from testing shall still be allowed to receive rewards designed for students who complete the assessments.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-079" target="_blank" rel="noopener"><strong>SB 18-079</strong></a> &#8211; &#8220;Concerning Classifying Sake as a Vinous Liquor for the Purposes of the &#8216;Colorado Liquor Code,'&#8221; by Sen. Lucia Guzman and Rep. Dan Pabon. The bill classifies sake as a vinous liquor (wine) for the purposes of the &#8220;Colorado Liquor Code.&#8221;</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-087" target="_blank" rel="noopener"><strong>SB 18-087</strong></a> &#8211; &#8220;Concerning In-state Tuition at Institutions of Higher Education for Certain Foreign Nationals Legally Settled in Colorado,&#8221; by Sen. Stephen Fenberg and Reps. Dafna Michaelson Jenet &amp; Faith Winter. The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-106" target="_blank" rel="noopener"><strong>SB 18-106</strong></a> &#8211; &#8220;Concerning Obsolete Statutory Provisions Related to a Local Government&#8217;s Pledging of Sales or Use Tax Revenues to Pay for Revenue Bonds Issued for the Purpose of Financing Capital Improvements,&#8221; by Sen. Jack Tate and Rep. Don Thurlow. Current law specifies that a county, city, or incorporated town may include the creation of a sales and use tax capital improvement fund (special fund) when the county, city, or incorporated town seeks voter approval to levy a sales or use tax. The creation of the special fund does not have a purpose for a county, city, or incorporated town post-TABOR because the question of using sales or use tax revenues for financing capital improvements is asked when the county, city, or incorporated town seeks voter approval for the bond issuance. Thus, the language regarding the creation of the fund is unnecessary.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-110" target="_blank" rel="noopener"><strong>SB 18-110</strong></a> &#8211; &#8220;Concerning the Repeal of the Requirement that Each State Agency Annually Report the Amount of Federal Money it Received in the Prior Fiscal Year,&#8221; by Sen. Jack Tate and Rep. Jeni James Arndt. During the 2017 legislative session, the statutory revision committee put forth House Bill 17-1058, which, in part, repealed a requirement that the state controller submit to the general assembly a report of all federal money received by state agencies during the prior fiscal year. State agencies are still required to submit an annual report to the state controller of all federal moneys received by the state agency in the prior fiscal year for the state controller&#8217;s use in preparing the report for the general assembly.The bill repeals the state agency reporting requirement as the state controller is no longer required to prepare a report for the general assembly.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-127" target="_blank" rel="noopener"><strong>SB 18-127</strong></a> &#8211; &#8220;Concerning the Repeal of the Department of Revenue&#8217;s Requirement to Publish an Historical Explanation of Income Tax Rate Modifications Enacted in the State on Every Income Tax Return Form,&#8221; by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The bill repeals the requirement that the Executive Director of the Department of Revenue publish an historical explanation of income tax rate modifications enacted in the state on every income tax return form.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-129" target="_blank" rel="noopener"><strong>SB 18-129</strong></a> &#8211; &#8220;Concerning the Nonsubstantive Reorganization of the Law Exempting from State Sales Tax Certain Drugs and Medical and Therapeutic Devices,&#8221; by Sen. Dominick Moreno and Rep. Jeni James Arndt. The bill makes several modifications to the laws exempting certain drugs and medical devices from sales tax.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-136" target="_blank" rel="noopener"><strong>SB 18-136</strong></a> &#8211; &#8220;Concerning Fees for Advising Clients About the Selection of an Individual Health Benefit Plan,&#8221; by Sen. Tim Neville and Reps. Tracy Kraft-Tharp &amp; Lang Sias. The bill allows an insurance producer or broker advising a client on individual health benefit plans to charge the client a fee if the producer or broker does not receive a commission related to the individual health benefit plan selected by the client and if the producer or broker discloses in writing the fee to the client.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-161" target="_blank" rel="noopener"><strong>SB 18-161</strong></a> &#8211; &#8220;Concerning Repeal of the Behavioral Health Transformation Council,&#8221; by Sen. Jim Smallwood and Reps. Tracy Kraft-Tharp &amp; Lois Landgraf. The bill repeals the behavioral health transformation council.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-162" target="_blank" rel="noopener"><strong>SB 18-162</strong></a> &#8211; &#8220;Concerning Substitute Child Care Providers,&#8221; by Sen. Beth Martinez Humenik and Reps. Janet Buckner &amp; James Wilson. The bill creates a license within the Department of Human Services for a substitute placement agency that places or that facilitates or arranges placement of substitute child care providers in licensed child care facilities providing less than 24-hour care.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-170" target="_blank" rel="noopener"><strong>SB 18-170</strong></a> &#8211; &#8220;Concerning a Water Court Process by Which an Owner of a Storage Water Right Allowing Water to be Stored in New Reservoir Capacity may Release Water into an Identified Stream Reach in a Manner that Protects the Water Releases while Complying with Mitigation Measures Identified in a Fish and Wildlife Mitigation Plan Approved by the Colorado Water Conservation Board,&#8221; by Sen. Jerry Sonnenberg and Reps. Chris Hansen &amp; Hugh McKean. The bill establishes a water court process by which an owner of a water storage right allowing water to be stored in a newly constructed reservoir or an enlarged existing reservoir may comply with the mitigation measures identified in a mitigation plan by contracting with the board.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-172" target="_blank" rel="noopener"><strong>SB 18-172</strong></a> &#8211; &#8220;Concerning Testing of Horse Racing Licensees for the Presence of Prohibited Substances,&#8221; by Sen. Bob Gardner and Rep. Pete Lee. The bill adds to the responsibilities of the Colorado racing commission the protection of all participants, human and animal, involved in horse racing.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-176" target="_blank" rel="noopener"><strong>SB 18-176</strong></a> &#8211; &#8220;Concerning Changes to the Requirements for Meeting Dates for the Board of the Southwestern Water Conservation District,&#8221; by Sen. Don Coram and Reps. Barbara McLachlin &amp; Marc Catlin. The bill requires the Board of the Southwestern Water Conservation District to meet once every three months and makes amendments to the terms of the board members and board president.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-182" target="_blank" rel="noopener"><strong>SB 18-182</strong></a> &#8211; &#8220;Concerning the Authority to Allocate a Portion of the Source Market Fee to Statutorily Authorized Purse Funds,&#8221; by Sens. Don Coram &amp; Lucia Guzman and Reps. Marc Catlin &amp; Jeni James Arndt. Current law requires persons outside of Colorado who accept wagers from residents of Colorado on simulcast horse racing events to be licensed in Colorado and to pay a source market fee into the racing cash fund. The bill authorizes the Director of the Division of Racing Events to allocate a portion of the source market fee to be paid to any horse purse trust fund established pursuant to existing law, if necessary, to maintain a sustainable and competitive purse structure in Colorado.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-183" target="_blank" rel="noopener"><strong>SB 18-183</strong></a> &#8211; &#8220;Concerning Authorizing Agents of Insurers to Access the Electronic System that Insurers Access for Owner and Lienholder Information of a Motor Vehicle,&#8221; by Sen. Jack Tate and Reps. Jeni James Arndt &amp; Larry Liston. Current law authorizes the creation and maintenance of an electronic system that vehicle towers, insurers, and salvage pools may use to access motor vehicle title records if the vehicle is insured or possessed by those entities. The bill allows an agent of an insurer to use the system in the same circumstances.</li> <li><a href="https://www.leg.colorado.gov/bills/SB18-184" target="_blank" rel="noopener"><strong>SB 18-184</strong></a> &#8211; &#8220;Concerning a New Permit for the Short-term Extraction of Construction Materials,&#8221; by Sen. Don Coram and Reps. Hugh McKean &amp; Daneya Esgar. The bill creates a new class of limited impact construction materials permits for one-time activities that produce construction materials as a by-product and are not intended to be ongoing mining operations and authorizes an application fee of $400 for the permit and an annual fee of $200.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1017" target="_blank" rel="noopener"><strong>HB 18-1017</strong></a> &#8211; &#8220;Concerning the Adoption of an Interstate Compact to Allow a Person Authorized to Practice Psychology in a Compact State in Which the Person is not Licensed, and, in Connection Therewith, Making an Appropriation,&#8221; by Rep. Dafna Michelson Jenet and Sens. Bon Gardner &amp; Stephen Fenberg. The bill enacts the &#8216;Psychology Interjurisdictional Compact Act&#8217; allowing psychologists licensed in any compact state to provide telepsychology services to clients in any other compact state, or temporary in-person client services in any compact state not exceeding 30 days in a calendar year.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1018" target="_blank" rel="noopener"><strong>HB 18-1018</strong></a> &#8211; &#8220;Concerning a Requirement that Education to Prevent Human Trafficking be Included in the Training to Obtain a Commercial Driver&#8217;s License,&#8221; by Reps. Terri Carver &amp; Dominique Jackson and Sens. Rachel Zenzinger &amp; John Cooke. The bill requires that the training to obtain a commercial driver&#8217;s license to drive a combination vehicle contain education to prevent human trafficking if the training is conducted in a driving school. The department must also publish information about human trafficking for commercial driver&#8217;s license holders and trainees.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1049" target="_blank" rel="noopener"><strong>HB 18-1049</strong></a> &#8211; &#8220;Concerning the Department of Human Services&#8217; Authority to Continue to Lease Portions of the Grand Junction Regional Center Campus to Third-party Behavioral Health Providers,&#8221; by Rep. Dan Thurlow and Sen. Ray Scott. The Department of Human Services currently leases portions of the Grand Junction regional center campus to third-party behavioral health providers. The bill authorizes the Department to continue such leases until June 30, 2020, and each party to such lease may terminate the lease early provided that the terminating party provide the other party with 90 days notice before vacating the property or requiring the property to be vacated.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1056" target="_blank" rel="noopener"><strong>HB 18-1056</strong></a> &#8211; &#8220;Concerning the Statewide Standard Health History Form that Members of the Fire and Police Pension Association Complete when Commencing Employment,&#8221; by Reps. Kevin Van Winkle &amp; Dave Williams and Sen. John Cooke. Every member of the fire and police pension association (FPPA), at the commencement of employment, is required to complete a health history on a statewide standard health history form. The bill clarifies several aspects of the form.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1078" target="_blank" rel="noopener"><strong>HB 18-1078</strong></a> &#8211; &#8220;Concerning Court Programs for Defendants who have Served in the Armed Forces,&#8221; by Reps. Lois Landgraf &amp; Tony Exum and Sen. Bob Gardner. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1154" target="_blank" rel="noopener"><strong>HB 18-1154</strong></a> &#8211; &#8220;Concerning Consumer Protections Relating to a Solicitation to Provide a Copy of a Public Record for a Fee,&#8221; by Reps. Edie Hooten &amp; Kevin Van Winkle and Sen. Cheri Jahn. The bill requires a person who solicits a fee for providing a copy of a deed or deed of trust to give a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed; not charge a fee of more than 4 times the amount charged by the county clerk and recorder; and include specified disclosures.</li> <li><a href="https://www.leg.colorado.gov/bills/hB18-1239" target="_blank" rel="noopener"><strong>HB 18-1239</strong></a> &#8211; &#8220;Concerning Continuation under the Sunset Law of the Environmental Management System Permit Program, and, in Connection Therewith, Implementing the Recommendations of the Sunset Report by the Department of Regulatory Agencies by Allowing the Program to Repeal,&#8221; by Rep. Lois Landgraf and Sen. Ray Scott. The bill implements the recommendations of the sunset review and report on the environmental management system permit program by allowing the program to repeal.</li> </ul> <p>For a complete list of Governor Hickenlooper&#8217;s 2018 legislative decisions, <a href="https://www.colorado.gov/governor/legislative-actions" target="_blank" rel="noopener">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/3uggBMxW21c" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/bills-signed-requiring-commercial-drivers-to-receive-training-in-human-trafficking-prevention-modifying-water-court-process-for-substitute-water-rights-and-more/feed/ 0 http://cbaclelegalconnection.com/2018/04/bills-signed-requiring-commercial-drivers-to-receive-training-in-human-trafficking-prevention-modifying-water-court-process-for-substitute-water-rights-and-more/ 2018-04-17 14:53 +00:00 2018-04-17 08:53 -06:00 http://cbaclelegalconnection.com/?p=38203 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/LgDET4to780/ Case Law 10th Circuit cancellation of removal crime of moral turpitude criminal law immigration law Tenth Circuit: Petitioner Ineligible for Cancellation of Removal After Theft Convictions The Tenth Circuit Court of Appeals Issued its opinion in <em>Lucio-Rayos v. Sessions</em> on Tuesday, November 14, 2017. Tue, 17 Apr 2018 14:52:26 Z http://cbaclelegalconnection.com/2018/04/tenth-circuit-petitioner-ineligible-for-cancellation-of-removal-after-theft-convictions/#respond DU Law Student <div class="pf-content"><p>The Tenth Circuit Court of Appeals Issued its opinion in <a href="http://www.ca10.uscourts.gov/opinions/15/15-9584.pdf"><em>Lucio-Rayos v. Session</em>s</a> on Tuesday, November 14, 2017.</p> <p>The issue presented in this case was whether petitioner Lucio-Rayos’s municipal theft conviction qualified as a crime involving moral turpitude (CIMT). If so, it would make him ineligible for cancellation of removal. Lucio-Rayos is a citizen of Mexico who entered the United States without authorization. Although he conceded that he was subject to removal, he sought discretionary relief in the form of cancellation of removal.</p> <p>Lucio-Rayos first contended that the immigration judge erred in refusing to recuse from his case because the immigration judge’s spouse works with the Denver Immigration and Customs Enforcement office that initiated this removal proceeding. The Tenth Circuit rejected this argument.</p> <p>In order to prevail on this argument, Lucio-Rayos had to establish that he was deprived of due process and that the deprivation prejudiced him. Lucio-Rayos presented extrajudicial-influence and inherent-bias arguments relying on law that requires a federal judge to recuse in any proceeding in which his impartiality might reasonably be questioned. However, the Immigration and Customs Enforcement office had a plan in place to ensure that the immigration judge’s spouse had no involvement in the case. Further, there is no evidence suggesting that the immigration judge’s spouse played any role in Lucio-Rayos’ removal proceedings. The immigration judge’s spouse was not a party, officer, director, or trustee of a party in this matter.</p> <p>In addition, Lucio-Rayos has not shown that he was prejudiced by the immigration judge’s refusal to recuse; that is, Lucio-Rayos has not shown that his rights were violated in a manner so as potentially to affect the outcome of the proceedings.</p> <p>Next, the Tenth Circuit concluded that Lucio-Rayos is ineligible for cancellation of removal. To be eligible for cancellation of removal, Lucio-Rayos had to meet four requirements. The only one at issue was whether Lucio-Rayos’s conviction for theft is a CIMT.</p> <p>The Tenth Circuit applied the categorical approach by comparing the elements of Lucio-Rayos&#8217;s offense to the definition of CIMT, which refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality, and conduct that is inherently wrong, rather than conduct deemed wrong only because of a statutory proscription. The lower court found that a conviction like Lucio-Rayos’s qualifies as a CIMT only if one element of the offense is that the perpetrator intended to deprive the victim permanently of his property. The Tenth Circuit found, however, that not all convictions under the applicable theft provision require proof that the defendant intended to deprive the victim of his property permanently. The applicable code was found to be divisible.</p> <p>The Tenth Circuit found that the undocumented alien bears the burden of proof to show that his conviction was not a CIMT. The Tenth Circuit held that, because it was unclear from Lucio-Rayos’s record whether he committed a CIMT, he did not prove eligibility for cancellation of removal.</p> <p>Lastly, Lucio-Rayos contended that if his conviction was a CIMT, he nevertheless met an exception to ineligibility available for petty offenses. However, the Tenth Circuit held that in this situation, the petty offense exception did not prevent an immigrant’s CIMT conviction from disqualifying him from eligibility for discretionary cancellation of removal.</p> <p>The Tenth Circuit Court of Appeals <strong>DENIED</strong> Lucio-Rayos’s petition for review and found he was not eligible for cancellation of removal.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/LgDET4to780" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2018/04/tenth-circuit-petitioner-ineligible-for-cancellation-of-removal-after-theft-convictions/feed/ 0 http://cbaclelegalconnection.com/2018/04/tenth-circuit-petitioner-ineligible-for-cancellation-of-removal-after-theft-convictions/ 2018-04-17 14:52 +00:00 2018-04-17 08:52 -06:00