Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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In re Proposed Ballot Initiative 2019

Citation: 2019 CO 107

Opinion Date: December 23, 2019

Judge: Gabriel

Areas of Law: Civil Procedure, Constitutional Law, Election Law, Government & Administrative Law, Tax Law

The Colorado Title Board set a title for Proposed Ballot Initiative 2019–2020 #3 (“Proposed Initiative”) that reads, in pertinent part, “An amendment to the Colorado constitution concerning the repeal of the Taxpayer’s Bill of Rights (TABOR), Article X, Section 20 of the Colorado constitution.” The Board also ultimately adopted an abstract that states, regarding the economic impact of the Proposed Initiative. A challenge to the Proposed Initiative was presented for the Colorado Supreme Court's review, and after such, the Court concluded the title and abstract were clear and not misleading, and that the phrase “Taxpayer’s Bill of Rights,” as used in the title, was not an impermissible catch phrase. Accordingly, the Court affirmed the decision of the Title Board.

Colorado v. Abu-Nantambu-El

Citation: 2019 CO 106

Opinion Date: December 23, 2019

Judge: Monica M. Márquez

Areas of Law: Constitutional Law, Criminal Law

Respondent Abdu-Latif Kazembe Abu-Nantambu-El forced his way into the apartment of an acquaintance, where he fatally stabbed a visitor and forced the acquaintance to clean up evidence of the crime. The prosecution subsequently charged Abu-Nantambu-El with numerous offenses, including first degree murder (after deliberation), first degree murder (felony murder), second degree murder, and two counts of first degree burglary. Abu-Nantambu-El proceeded to trial on a self- defense theory. The Colorado Supreme Court determined this case presented a question left unanswered by its holding in Colorado v. Novotny, 320 P.3d 1194: What standard of reversal applied where a trial court erroneously denies a challenge for cause, the defendant exhausts his peremptory challenges, and the challenged juror ultimately serves on the jury? "It is clear that the erroneous denial of a challenge for cause amounts to structural error if it results in an actually biased juror serving on a jury." Consistent with that principle, the Court concluded the erroneous seating of an impliedly biased juror was also structural error and required reversal. "[S]uch an error is not amenable to analysis under a harmless error standard, regardless of the juror's actual bias."

Williams v. Colorado

Citation: 2019 CO 108

Opinion Date: December 23, 2019

Judge: Samour

Areas of Law: Constitutional Law, Criminal Law

After Kirk Williams returned home from a trip to North Dakota, his wife went through his overnight travel bag and discovered what she believed to be drugs and paraphernalia. She took the contraband items, placed them inside a soap dish, and hid the soap dish in the garage of their home. Mrs. Williams later called the Police Department and met with one of its officers at her church. She told him that she wanted the police to collect the drugs and paraphernalia she had taken from her husband’s travel bag and stored in the garage. The officer requested assistance, and two more officers responded. The three officers then accompanied Mrs. Williams home. Upon arriving, Mrs. Williams provided consent and allowed the officers to enter so they could take possession of the drugs and paraphernalia. At Mrs. Williams’s request, one officer followed her through the house to the garage. There, Mrs. Williams retrieved the soap dish she had stashed away and handed it to him. Meanwhile, another officer continued walking down the entrance hallway for about ten feet, at which point he saw the kitchen, the living room, and an open space dividing the two. He headed toward the living room because he saw Mr. Williams there, sitting on a couch, eating a bowl of cereal, and watching television. When the officer entered the living room, he advised Mr. Williams that officers were conducting a “civil standby” and told him to remain seated. At some point, Mr. Williams told the officers to leave his home. At issue in this case was whether Mrs. Williams could offer consent to the officers to search her home while her husband was present. The Colorado Supreme Court determined that although Mr. Williams was physically present on the premises, he did not object as his wife allowed the officers inside. His subsequent objection, after the officers had already entered his home and were in the process of taking possession of the drugs and paraphernalia, could not vitiate her previously given consent. Therefore, the officers were not required to heed his request to leave, and thus the trial court did not err in refusing to suppress the evidence collected inside his home.