Aaron Solomon Law Blog

In James River Ins. Co. v. Rapid Funding (No. 10-1145), the court held that Colorado Rule of Evidence 701 does not allow landowners to provide expert testimony regarding valuation without first qualifying as an expert. Colorado Rule of Evidence 701 (which mirrors F.R.E. 701) includes a committee comment noting that the rule is not intended to foreclose an owner from giving an opinion as to the value of his or her real property. The... Read More

In United States v. Shavanaux (10-4178) the Tenth Circuit held that prior misdemeanor convictions obtained in a tribal court without the right to appointed counsel could be considered prior convictions under 18 U.S.C. § 117(a), which provides for an enhanced sentence for domestic assault perpetrators with two prior convictions. The District Court held that the prior convictions comported with the Constitution, but that that... Read More

In Pater v. City of Casper (No. 09-8084), the Tenth Circuit held that property owners may be able to state a due process claim when a deficiency notice is recorded against their property by a municipality.

In this case the City of Casper claimed that the plaintiffs were contractually obligated to reimburse the City for certain street improvements. Based on the Tenth Circuit’s description of the facts the City had some... Read More