Colorado Criminal Law Blog

The 4th Amendment, Vehicle searches, and Jay-Z’s song 99 Problems verse two.

This article from the St. Louis University law school is an analysis of the Fourth Amendment’s prohibition against searches of vehicles, illustrated with Jay-Zs second verse of the song 99 Problems; and is brilliant. http://slu.edu/Documents/law/Law%20Journal/Archives/LJ56-2_Mason_Article.pdf     3B2DN3B64DCW

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June 7, 2012 Court of Appeals; Affirmative defense instructions

2012 COA 91. No. 09CA2681. People v. Taylor. Conspiracy to Distribute—Unlawful Search—Challenge for Cause—Entrapment Instruction—Affirmative Defense. Defendant appealed the judgment of conviction entered on a jury verdict finding him guilty of conspiracy to distribute a schedule II controlled substance. This judgment was affirmed, but the case is

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Court of Appeals summary for June 21, 2012 announced case: 2012 COA 99. No.10CA0651. People v. Arzabala.

2012 COA 99. No.10CA0651. People v. Arzabala. Vehicular Assault—Leaving the Scene of an Accident—Evidence—Double Jeopardy—Unit of Prosecution—Jury Instructions—Prosecutorial Misconduct—Testimony. Defendant appealed the judgment of conviction entered on jury verdicts finding him guilty of two counts of vehicular assault (reckless); two counts of leaving the scene of an

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USCIS publishes information about the new Deferred Action program

The USCIS is still generating the rules and process to apply for deferred action under the DREAM Act criteria; however, some new and important information is contained in their latest post.  This program is not currently in place, so you cannot apply until USCIS publishes rules on

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Court of Appeals eliminates primary issues for most DMV hearings

A division of the Court of Appeals decided  on July 5, 2012 in a 2-1 decision,that the primary issue in most DMV hearings for drivers accused of DUI was no longer an issue.  This is a major change in DUI law and legal challenges to license revocation.  Previously

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Park County District Attorney’s race explodes into mud-slinging

The Park County District Attorney’s Office was up for grabs in a recent electoral race; and just before ballots were mailed out, apparently the challenger Dagna Van Der Jagt in conjunction with Park County Undersheriff Monte Gore alleged an ethical violation against the incumbent Thomas LeDoux.  Mr.

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CDOT announces Colorado DUI enforcement beginning June 29, to July 5

“The Colorado State Patrol and 82 law enforcement agencies are increasing DUI enforcement from Friday, June 29 through July 5th as part of the summer’s “100 Days of Heat” DUI crackdown. At least six DUI checkpoints are planned starting Friday night through the weekend. And hundreds of

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DREAM Act and young immigrant eligibility for deferred action

Obama and DREAM Act Guidelines for young aliens or immigrants Every young immigrant or alien in the United States has by now heard something about President Obama’s announcement in June that some are now eligible under the DREAM Act guidelines for Deferred Action.  There are now more

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Doubts about the new DREAM act and deferred action, and likely USCIS response

President Obama announced the new program guideline for DREAM eligible immigrants to apply for a form of deferred or suspended action.  The program sounds quite good on paper, but the practical side of this program may be nullified by resistance from the very agency required to follow

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New immigration policy announced today: minors who entered illegally

President Obama today announced a new immigration policy that allows immigrants who arrived here before age 15 to apply for status with work permits: http://www.huffingtonpost.com/2012/06/15/obama-immigration-order-deportation-dream-act_n_1599658.html The memorandum from the Department of Homeland Security is found here: DHS Memorandum on immigration change The policy appears to allow illegal

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