Case Law Summary from 4/13

By |2017-09-05T10:53:14-06:00April 18th, 2017|Case Law Summary|

Hello All, My apologies for the absolute radio silence over the past few days as our office works through the FY 17 contracting process.  Below are summaries of a few unpublished opinions that came out of the court of appeals last week, dealing with the court’s application of the Strickland standard to IAC claims in [...]

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News from the ORPC – 2/24/2017

By |2017-09-05T10:53:14-06:00February 24th, 2017|Application, Case Law Summary, Legislation, News, Training|

Dear RPCs, Happy Friday! We have a few training opportunities to tell you about this week!  Also, we have a caselaw update and some news from the capital! ORPC’s 2nd Annual Conference We are planning our second conference!  It’s likely to be September 10-12, but these dates ARE NOT final.  The conference will be at [...]

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News from the ORPC 1/19/17

By |2017-01-20T15:35:34-06:00January 19th, 2017|Application, Billing, Case Law Summary, News, Training, Westlaw|

Dear RPCs, Here’s the News! Survey: There’s still time to respond to our SURVEY!   Please respond by January 31, 2016.  https://fs7.formsite.com/ORPCColorado/form34/index.html Experts: Please don’t use an expert without first getting preapproval from our agency.  We are starting to receive bills from experts that were used in November and December without our agency’s knowledge or approval.  [...]

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ORPC Case Law Update

By |2017-09-05T10:53:14-06:00December 20th, 2016|Case Law Summary|

Hello All, One published case from the Court of Appeals last week that might be important to your practice, which I think is a rather nice gift from the court to wrap up this year.  My summary is below, and the opinion is attached. Case Law Summary  People in the Interest of G.E.S., 2016COA183 (December [...]

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News from the ORPC & Case Law Summary 12/1/2016

By |2017-09-05T10:53:14-06:00December 1st, 2016|Appellate, Billing, Case Law Summary, News|

Dear RPCs, Application Deadline:  Today is the last day to apply for the Deputy and Staff Attorney positions at our agency.  The application closes at 5 pm and is available on our website.  Billing Deadline:  As we told you a few weeks ago we are reinstituting the 90 day billing deadline.  This means that on [...]

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News from the ORPC and Case Law Summary – 11/15/16

By |2017-09-05T10:53:14-06:00November 15th, 2016|Appellate, Billing, Case Law Summary, News|

Dear RPCs, Thank you for all the emails of support as our agency continues to form.  Here’s our news and Ruchi’s case law update.  Updated Transcript Request Form: We’ve updated the transcript request form to add “date needed by” for expedited transcripts and a section to put the trial attorneys name.  Please use this form [...]

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News from the ORPC & Case Law Summary – 09/01/16

By |2017-09-05T10:53:15-06:00September 1st, 2016|Appellate, Case Law Summary, News, Training, Westlaw|

Good Afternoon RPCs, WESTLAW IS HERE! The ORPC is excited to provide Westlaw access to our current contractors.  To receive a password, you must sign and return the Schedule C form that is attached and email the form directly to Sara Settle at ssettle@coloradoORPC.org.   Access to Westlaw will take some processing time upon receipt of [...]

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Case Law Summary 08-08-16

By |2017-09-05T10:53:15-06:00August 8th, 2016|Appellate, Case Law Summary|

Click to open a PDF 2016-08-08 Case Law Summary Attachment Tips for Preserving Issues for Appeal final for 8-3-16 CLE Case Law Summary – August 8, 2016 Friends, No new unpublished or published dependency cases out of the Colorado appellate courts this week.  I thought that I would use this chance to direct your attention to Judge [...]

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Case Law Summary 08-02-16

By |2017-09-05T10:53:15-06:00August 2nd, 2016|Case Law Summary|

Click to open a PDF 2016-08-02 Case Law Summary Case Law Summary – August 2, 2016 Friends, Only one unpublished opinion of note this week, with a reminder about the nausea-inducing hard line that our court of appeals has taken with regard to the constitutional rights of parents. As I talked about in my July 12 [...]

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Case Law Summary 07-26-16

By |2017-09-05T10:53:15-06:00July 26th, 2016|Case Law Summary|

Click to open a PDF 2016-07-26 Case Law Summary Case Law Summary – July 26, 2016 Friends, There was a published opinion from the court of appeals on July 14, holding that a dependency court could not impose attorney’s fees as a discovery sanction against the government.  The court of appeals’ analysis of the doctrine of [...]

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Case Law Summary 07-19-16

By |2017-09-05T10:53:15-06:00July 19th, 2016|Case Law Summary|

Click to open a PDF 2016-07-19 Case Law Summary 2016-07-19 Case Law Summary Friends, One unpublished opinion of note from last week, involving the peculiar nuances between a respondent and a special respondent in a D&N case.  As the court of appeals has made clear, a person must have both a legal relationship with a child [...]

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Case Law Summary 07-12-16

By |2017-09-05T10:53:15-06:00July 12th, 2016|Case Law Summary|

Click to open a PDF 2016-07-12 Case Law Summary Case Law Summary – July 12, 2016 Friends, The court of appeals did not release any unpublished or published dependency and neglect opinions last week.  So this week let’s turn our attention to constitutionalizing issues in a dependency and neglect case—a tall order, but not an impossible [...]

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Case Law Summary 07-05-16

By |2017-09-05T10:53:15-06:00July 5th, 2016|Case Law Summary|

Click to open a PDF 2016-07-05 Case Law Summary Case Law Summary – July 5, 2016 Friends, One unpublished case of note last week, with a depressingly common reminder about how the court of appeals views parental unfitness: through the departments’ lens.  I think this is an issue that is fertile for some new thinking—my suggestions [...]

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Case Law Summary 06-24-16

By |2017-09-05T10:53:17-06:00June 24th, 2016|Case Law Summary|

Click to open a PDF 2016-06-24 Case Law Summary Case Law Summaries – June 24, 2016 Friends, There were no notable unpublished opinions issued from the court of appeals this week.  The two unpublished opinions that were issued focused on unpreserved arguments regarding the department’s reasonable efforts prior to the entry of the order terminating parental [...]

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Case Law Summary 06-17-16

By |2017-09-05T10:53:17-06:00June 17th, 2016|Case Law Summary|

Click to open a PDF 2016-06-17 Case Law Summary Case Law Summary – June 17, 2016 Friends,          There was only one unpublished case of note this week.  The case was notable because the court of appeals chastised the respondent parent attorney filing the petition on appeal for not following the requirements of C.A.R. 3.4.  Ordinarily, the [...]

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Case Law Summary 06-10-16

By |2017-09-05T10:53:17-06:00June 10th, 2016|Case Law Summary|

Click to open a PDF 2016-06-10 Case Law Summary Case Law Summaries – June 10, 2016 Friends, There was one unpublished opinion of note this week, with a good reminder about how to make a good record for appeal by including a record of the prejudice to your client.  Remember: the best motions have a request [...]

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Case Law Summary 06-06-16

By |2017-09-05T10:53:17-06:00June 6th, 2016|Case Law Summary|

Click to open a PDF 2016-06-06 Case Law Summary Case Law Summary – June 6, 2016 Friends, It looks like it’s been a busy couple of weeks with the appellate courts, which is always the case when I’m out of the office.  The Supreme Court announced two major holdings in J.G. and E.S.V. on May [...]

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Case Law Summary 05-13-16

By |2017-09-05T10:53:17-06:00May 13th, 2016|Case Law Summary|

Click to open a PDF 2016-05-13 Case Law Summary Case Law Summary – May 13, 2016 Friends, There were a few unpublished opinions this week from the court of appeals.  One of the cases addressed the use of child hearsay hearings under section 13-29-125, which is always a thorny issue in a dependency case.  I’m of [...]

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Case Law Summary 05-06-16

By |2017-09-05T10:53:17-06:00May 6th, 2016|Case Law Summary|

Click to open a PDF 2016-05-06 Case Law Summary Case Law Summary – Week of May 6, 2016 Friends, There was only one unpublished opinion from the court of appeals this week, with a reminder about preserving the record for appeal by objecting in front of the trial court so that issues are not lost on [...]

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Case Law Summary 04-29-16

By |2017-09-05T10:53:17-06:00April 29th, 2016|Case Law Summary|

Click to open a PDF 2016-04-29 Case Law Summary Case Law Summaries – April 29, 2016 Friends, There was one unpublished opinion of note from our Colorado court of appeals this week, with a depressing reminder about the danger of the prospective harm doctrine in D&Ns.  I included an idea on how to argue against prospective [...]

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Case Law Summary 04-22-16

By |2017-09-05T10:53:17-06:00April 22nd, 2016|Case Law Summary|

Click to open a PDF 2016-04-22 Case Law Summary Case Law Summary – April 22, 2016 Friends, No new dependency and neglect published or unpublished opinions from the appellate courts this week, so I just wanted to take a minute to remind everyone about the major provisions of the Adoption and Safe Families Act of 1997 [...]

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Case Law Summary 04-15-16

By |2017-09-05T10:53:17-06:00April 15th, 2016|Case Law Summary|

Click to open a PDF 2016-04-15 Case Law Summary Case Law Summary – April 15, 2016 Friends, There were a few unpublished opinions worth mentioning this week, in addition to a number of new changes to the Colorado rules of professional conduct and appellate rules.  As far as news from the court of appeals goes, the [...]

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Case Law Summary 04-08-16

By |2017-09-05T10:53:18-06:00April 8th, 2016|Case Law Summary, Practice Tip|

Click to open a PDF 2016-04-08 Case Law Summary Case Law Summaries – April 8, 2016 Friends, There was no new case law released by the court of appeals this week in dependency and neglect cases.  Instead, I wanted to highlight a few major developments from published opinions from 2015, in case you missed them. Enjoy [...]

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Case Law Summary 04-01-16

By |2017-09-05T10:53:18-06:00April 1st, 2016|Case Law Summary|

Click to open a PDF 2016-04-01 Case Law Summary Case Law Summary – April 1 Friends, Only one unpublished opinion from the court of appeals this week, but with the court’s subtle reminder that proceeding by an offer of proof during a termination hearing is an issue that could violate our parents’ due process rights.  This [...]

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03-24-2016 Case Law Summary

By |2017-09-05T10:53:18-06:00March 24th, 2016|Case Law Summary|

Click to open a PDF 03-24-2016 Case Law Summary Case Law Summary – March 24, 2016 Friends, There were no pertinent unpublished opinions released this week, so I draw your attention to case that is currently pending before the Colorado Supreme Court—The People in the Interest of J.G., J.P., S.L., and C.L., Case No. 15SC57.  [...]

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03-18-2016 Case Law Summary

By |2017-09-05T10:53:18-06:00March 18th, 2016|Case Law Summary|

Click to open a PDF 03-18-2016 Case Law Summary Case Law Summaries – March 18 Friends, Just a few unpublished opinions this week, but with a depressing asterisk from the court of appeals reminding us that what isn’t objected to in the court below cannot be raised for the first time on appeal.  The big takeaway [...]

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03-14-2016 Summary Update with IRAP

By |2017-09-05T10:53:18-06:00March 14th, 2016|Case Law Summary, Practice Tip|

Click to open a PDF 03-14-2016 Summary Update with IRAP People in the Interest of E.M., L.M., and E.J.M., 2016 COA 38 The court adopted a treatment plan for mother, and found no appropriate treatment plan could be devised for father because he did not agree with his proposed treatment plan and was incarcerated.  At the [...]

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03-11-2016 Case Law Summary

By |2017-09-05T10:53:18-06:00March 11th, 2016|Case Law Summary|

Click to open a PDF 03-11-2016 Case Law Summary March 11 Case Law Summary SCOTUS V.L. vs. E.L., 577 U.S. --, No. 15-648 (March 7, 2016) V.L. and E.L. are two women who were in a relationship and, through assisted reproductive technology, had three children together.  E.L. (birth mom) eventually decided to give legal status to [...]

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03-4-2016 Case Law Summary

By |2017-09-05T10:53:18-06:00March 4th, 2016|Case Law Summary|

Click to open a PDF 03-4-2016 Case Law Summary March 4 Case Law Update Friends, There were no unpublished or published opinions from either the court of appeals or supreme court in dependency and neglect cases this week. The Colorado Supreme Court, however, heard oral argument on Wednesday in E.S.V. v. The People of the State [...]

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2-26-16 Case Law Summary

By |2017-09-05T10:53:18-06:00February 26th, 2016|Case Law Summary|

Click to open a PDF 02/26/2016 - Case-Law-Summaries Case Law Summaries – February 2016 Published Opinions – Colorado Court of Appeals People ex. rel. Z.P.S., N.S., and M.J.S., 16COA20 (Feb. 11, 2016) The department assumed temporary custody of one-month-old twins (O.S. and M.J.S.) and their siblings, three-year-old Z.P.S. and one-year-old N.S., and filed a petition in [...]

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