Cases

372 F.Supp.2d 416 (2005) Robert SUTHERS and Niwana Martin, Plaintiffs, v. AMGEN INC., Defendant. No. 05 CIV.4158(PKC). United States District Court, S.D. New York. June 6, 2005. *417 *418 Alan C. Milstein, Sherman, Silverstein, Kohl, Rose & Podolsky, Michael Dube, Pennsauken, NJ, for Plain

Opinion by JUDGE RICHMAN T1 Defendant, Robert Omondi Omwanda, appeals the judgment of conviction entered after a jury found him guilty of possession of a controlled substance. We remand the case for further proceedings. I. Background T2 Before trial, defendant sought to suppress evidence that police recovered from his cell phone. At the suppression hearing, an offic

JUDGE BOORAS dissenting. 1 19 I respectfully dissent from the majority opinion because, in my view, the victim here qualifies as a "public employee" within the meaning of section 18-9-110(2), C.R.S. 2012. T 20 Under section 18-9-110(2), no person shall in a public building, willfully impede any public official or employee in the lawful performance of duties or

JUDGE ROMAN concurring in part and dissenting in part. [ 55 In my view, the nature of sufficiency of the evidence review does not lend itself to plain error analysis. Accordingly, even though the sufficiency of the evidence contention is unpreserved, I would reach the merits and conclude that insufficient evidence exists to sustain the conviction for engaging in a riot under 18-9-104(

JUDGE BERNARD dissenting. {41 I respectfully dissent. This appeal is moot for three reasons. { 42 First, the federal governmént deports many defendants who have appealed only their sentences. Federal law permanently bars some of these defendants from re-entering the United States. Appeals in such circumstances are moot because their "outcome ... has no practical effect[.]" People v. Garcia, 89 P.3d

JUSTICE BOATRIGHT delivered the Opinion of the Court. {1 We granted certiorari to determine whether the police possessed probable cause pursuant to the fellow officer rule to draw blood from an unconscious driver following a motor vehicle accident, even though the officer who actually ordered the blood draws lacked independent probable cause1 We hold that the fellow officer rule imp

Opinion by Judge GABRIEL, Defendant, James Len Harmon, appeals his conviction for knowing or reckless child abuse. We conclude that the trial court erred in failing to take corrective action after a juror submitted a note suggesting that he or she had determined Harmon's guilt based on a misperception that Harmon had conceded guilt in opening statement. Because we cannot say that this error was harmless, we r

Judge BERNARD specially concurring. 48 I would not address the unpreserved non-constitutional statutory interpretation issue that is the focus of the majority opinion. I respectfully submit that it is not properly before us because it should have been raised at defendant's sentencing hearing. See People v. Tillery, 231 P.3d 36, 55-56 (Colo.App.2009) (Bernard, J., specially concurring) (questioning whether

Opinion by Judge GRAHAM. T1 Defendant, Shawn Robert Adolf, appeals the judgment of conviction entered after the district court denied his request to dismiss the charges against him under the Uniform Mandatory Disposition of Detainers Act, sections 16-14-101 to -108, C.R.S.2011 (UMDDA). We affirm. I. Background T2 On May 29, 2008, defendant was charged with (1) possession of

Opinion by JUDGE DUNN T1 Defendant, Arturo Cutberto Herrera, appeals his sentence on three grounds. He argues that the district court: (1) erred in resentencing him after he was rejected from placement in a community corrections program without first holding a hearing; (2) failed to exercise its discretion when it converted his six-year community corrections sentence to a Department of Corrections (DOC) se

Opinion by Judge LOEB. Defendant, John Raymond DeWitt, appeals the judgment of conviction entered on jury verdicts finding him guilty of two counts of possession of a weapon by a previous offender (POWPO), pursuant to section 18-12-108(1), C.R.S.2011. We reverse and remand for a new trial. I. Background On the morning of September 18, 2009, defendant walked from his apartment

Opinion by JUDGE FURMAN 1 Defendant, Anton Paul Dutton, appeals the judgment of conviction finding him guilty of vehicular eluding, aggravated driving after revocation prohibited (aggravated - DARP), reckless driving, and driving in excess of the speed limit. He contends that (1) the trial court abused its discretion in admitting a statement from a phone call to a police officer that was insufficiently authent

Opinion by Judge TERRY. A division of this court in People v. Grassi, 192 P.3d 496, 498 (Colo.App.2008). (Grassi I), remanded this case to the trial court for a hearing to determine whether the People had probable cause to draw defendant's blood. Defendant, Ronald Brett Grassi, now appeals the order entered by the trial court on remand, denying his motion to suppress blood alcohol content (BAC) test result

JUDGE J. JONES dissenting in part from the denial of rehearing. The People have petitioned for rehearing, contending that the division erred in construing _ subsection _ 18-1.3-1004(5)(a), C.R.S. 2012, which requires that any sentence for a sex offense be served consecutively to the sentences for any "additional crimes arising out of the same incident as the sex offense ...."1 The major

ORDER FOR ENTRY OF ORDER, PERMANENT INJUNCTION AND FINAL JUDGMENT ON CONSENT RICHARD P. MATSCH, Senior District Judge. On June 10, 2013, the parties in Civil Action No. 13-cv-01389-RPM and Civil Action No. 13-cv-01431-RPM filed an Order, Permanent Injunction and Final Judgment on Consent, constituting, in effect, a stipulation for the entry of a consent judgment adjudicating the issues raised by the Pl

In this opinion, we review a court of appeals decision holding that an employee of a private company that contracted with the Regional Transportation District ("RTD") to provide bus driving services was a "public employee" under the Colorado Governmental Immunity Act, sections24-10-101 to -119, C.R.S. (2010) ("CGIA"), and that his liability, as well as his employer's respondeat superior liability, was capped at $150,000.

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 22, 2012 Decided June 28, 2013 No. 12-5031 ROBERT GORDON, APPELLEE v. ERIC H. HOLDER, JR., IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES, ET AL., APPELLANTS Consolidated with 12-5051 Appeals from the United Sta

Opinion CORRIGAN, J. Here we consider how California calculates income taxes on multistate businesses. In 1974, California joined the Multistate Tax Compact (Multistate Tax Com., Model Multistate Tax Compact (Aug. 4, 1967)) (Compact), which contained an apportionment formula and permitted a taxpayer election between the Compact’s formula and any other formula

522 F.3d 456 (2008) RAMBUS INCORPORATED, Petitioner v. FEDERAL TRADE COMMISSION, Respondent. Nos. 07-1086, 07-1124. United States Court of Appeals, District of Columbia Circuit. Argued February 14, 2008. Decided April 22, 2008. A. Douglas Melamed argued the cause for petitioner. With him on the briefs were Paul R. Q. Wolfson, Sambhav N. Sankar, Andr

Opinion for the Court filed by Circuit Judge BROWN. Opinion concurring in the judgment filed by Circuit Judge KAVANAUGH. BROWN, Circuit Judge: Plaintiffs appeal the dismissal of their constitutional challenge to religious elements of the presidential inaugural ceremony. We affirm the dismissal because plaintiffs’ claims regarding the 2009 inaugural ceremony are moot and plaintiffs lack sta