January 29, 2010
Stolen from the synopsis: "The Supreme Court of Colorado holds that, under the particular facts and circumstances of this case, the defendant impliedly waived his Miranda rights. He came to the police station voluntarily in order to speak with police officers about a shooting. Prior to questioning, he was advised of and acknowledged each of his Miranda rights. He answered the officers’ questions without hesitation for almost an hour and forty-five minutes. During this time, the defendant had several opportunities to pause and consider his rights. He did not choose to assert his rights until after the officers told him that witnesses had identified him as the shooter. Under these particular facts and circumstances, the defendant’s knowing, intelligent, and voluntary waiver may be inferred from his course of conduct."
People v. Navarez-Zambrano Change of VenueIn a seemingly rare Per Curiam opinion, the Colorado Supreme Court held:
Stanton v. Schultz Issue Preclusion
Yes, this is a civil case. However, the "Stanton" is Rowe Stanton a criminal defense lawyer who was sued along with Jim Covino, another defense lawyer and former public defender. In Federal Court, the federal district court appointed Mr. Stanton and Mr. Covino to represent Mr. Schultz, a former guard in at the maximum security facility in Florence. Mr. Schultz filed a malpractice suit against Messrs.. Stanton and Covino after a jury in federal district court convicted him of abusing prisoners. He claimed that Messrs.. Stanton and Covino committed malpractice by not calling a former inmate who would testify that Mr. Schultz never beat him. Unfortunately, the Colorado Supreme Court reversed the trial court's summary judgment in favor of Messrs.. Stanton and Covino. The trial court found the 10th Circuit previously held that neither counsel committed malpractice, and therefore Mr. Schultz was precluded from litigating the same issue in state court. However, the Colorado Supreme Court disagreed, found the 10th Circuit only held Mr. Schultz did not exercise due diligence in finding the "newly discovered evidence." Thus, the Colorado Supreme Court remanded the case for trial. Crazy. At most, this witness seems like an impeachment witness, and former guard current douche bag Schultz cannot come to grips with the fact you cannot beat prisoners when you get a job as a prison guard. Mr. Stanton does good work on many tough cases, and Mr. Covino is a conscientious and thorough lawyer.