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Monday, May 2, 2011
Changing hosting
I will be changing the hosting of this website in the near future. The site may be down for a short period of time during
the transition.
2:13 am edt
Wednesday, March 2, 2011
What are temporary orders?
Courts enter these orders in appropriate cases for the purpose of rotection or support of the family, to maintain the status
quo pending the final resolution, to revent the unreasonable and inequitable loss or destruction of property, or to serve
other purposes ecessary to do justice in the administration of its duties. In Colorado, temporary orders are addressed
in 14-10-108. Under this section, the court may consider the allocation of parental responsibilities in accordance with
the best interests of the child, with particular reference to the factors specified in section 14-10-124. Since temporary
orders may be entered early in the divorce proceedings, it is important to retain representation as soon as you are served
divorce papers.
10:31 pm est
Tuesday, December 28, 2010
The importance of a lawyer who will fight for your rights
The Colorado Supreme Court recently decided a case involving an allegedly drunk driver, Arnold Wehmas, who hit a parked car in the parking lot of his apartment
complex, and went to his apartment without exchanging information with the owner of the car he hit. The charges included the
misdemeanor offenses of DUI and leaving the scene after striking an unattended motor vehicle ("hit and run"). Because
the arresting officers entered Wehmas's apartment without obtaining a warrant, he moved to suppress all evidence that was
obtained as a result of the warrantless entry. A trained attorney will spot the issue of whether a warrantless
entry into Wehmas's apartment violated his rights to be free of unreasonable searches. To preserve your rights, you
have to make the proper objections and motions before the trial court. A pro se plaintiff may not be aware of the rights
that he is signing away by not hiring a competent attorney to handle his case. In Wehmas's case, the Colorado Supreme
Court affirmed the suppression ruling on the ground that the officers acted unreasonably under these circumstances in entering
the defendant's home without first obtaining a warrant.
1:16 pm est
Monday, November 29, 2010
What to do if you are shot by the police.
Well, it appears that you shouldn't have a spring in your step if you want to file a 1983 suit claiming a 4th amendment
violation from an unlawful seizure. According to the opinion: ...as
we explained in Bella, Hodari indicates no seizure can occur unless there is physical touch or a show of
authority. But, as other Supreme Court precedent further instructs, such physical touch (or force) must terminate the suspect's
movement, and, alternatively, any show of authority (without touch) must cause submission. Nothing in our reading of
the statements in Hodari or Bella or their holdings causes us to believe that in flight situations mere intentional physical
touch constitutes a seizure, absent termination of the suspect's movement. As the district court in the instant case stated,
“the plain meaning of the word seizure and various Supreme Court interpretations indicate that the government must do
something that gives it the opportunity to control the suspect's ability to evade capture or control.” Apt.App. at 19.
Unfortunately but understandably, Hodari and our general discussion in Bella have been incorrectly interpreted
by Mr. Brooks to mean his shooting alone constitutes a seizure, without consideration of the fact he continued to flee without
the deputies' acquisition of physical control, as demonstrated by the fact he remained at large for days.
The Court repeatedly noted that Brooks remained 'at large for days' and had a 'spring in his step' despite being shot. The
Court does acknowledge that the 11th Circuit had a different take on whether being shot by the police is sufficient to constitute
a seizure within the meaning of the 4th but argues that the 11th is relying on dicta in Hodari:
We further note the Eleventh Circuit applied the same dicta to conclude a bullet striking a suspect
constituted a seizure, even though he was not stopped by the bullet but continued to flee by running to his house. See
Carr v. Tatangelo, 338 F.3d 1259, 1265, 1268 (11th Cir.2003).
So it appears that, at least in the
10th Circuit, if you are shot by the cops you should ... um... terminate your movement. The opinion.
12:23 am est
Saturday, November 20, 2010
When did the government sites get updated?
Anyone else noticed that PACER and the Supreme Court sites look... nice? I wonder if they are any easier to use or is
the change just skin deep?
11:49 pm est
Saturday, November 6, 2010
Colorado family law forms were recently updated
The Colorado judicial branch overhauled its family law forms and instructions of interest. The new
forms went into effect in August or September.
1:31 am edt
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2010.12.01 |
2010.11.01

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