Monthly Archives: September 2013

Martin Foster Egelhoff v. Lesley Joe Taylor, 2013COA137 (Sept. 26, 2013).

“When you have no basis for an argument, abuse the [judge].” Cicero. After pleading guilty to criminal charges, an inmate sent his sentencing judge documents claiming the judge owed him $500 million. After the inmate filed a lien against the judge’s property, the judge sought and was granted an order declaring the lien spurious and invalid pursuant to CRS § 38-35-204 and CRCP 105.1. On appeal, the inmate claimed the court erred in finding the lien invalid, but did not provide any legal or factual support for its validity. Further, the inmate argued the judge failed to exhaust administrative remedies before challenging the lien. The court of appeals held that, with no supporting documentation for the lien, the court properly invalidated the lien. Further, the judge’s actions complied with statutory requirements, making administrative exhaustion unnecessary and impossible.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA1963-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9097&courtid=1

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Filed under Administrative, Property

Jerry Mullins v. Medical Lien Management, Inc., 2013COA134 (Sept. 26, 2013)

This case is a fight over $17,000.00. This appeal is about civil procedure. Plaintiff filed an interpleader action to determine who was entitled to funds recovered from a tortfeasor in a personal injury case. Medical Lien Management (MLM) filed an Answer and Counterclaims. Plaintiff then amended the Complaint, which MLM Answered without reasserting its counterclaims. 1 1/2 years later, Plaintiff claimed MLM had waived or abandoned its right to assert the Counterclaims. The trial court disagreed. The court of appeals did too because: 1) there is no requirement that counterclaims be repleaded in response to an amended complaint; 2) MLM prosecuted its claims, which did not prejudice Plaintiff; 3) technical defects must be disregarded if they do not affect the rights of the parties; and 4) a claim not pleaded but still tried can be decided. Evidentiary rulings were also upheld.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/11CA0699-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9094&courtid=1

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Filed under Contracts, Proceedure

Welcome New Colorado Supreme Court Clerks!

September is traditionally the time that this year’s new law clerks begin their clerkships. The CLR extends its hearty congratulations on such a prestigious honor. Clerking is a great experience, and one that will shape your careers as lawyers for as long as you practice law.
First up, that big stack of Petitions for Certiorari awaiting your analysis. And, if your curiosity about an outsider’s interpretation of an opinion by the Court needs satisfying, you can always follow the CLR, or stop by for an anonymous look.
Thank you for your service to the Colorado Judiciary.

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Filed under Commentary