Kelly Garnsey Hubbell + Lass - Attorneys at Law  
 
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::: 3rd & 4th Quarters - 2008 :::

We are handling some interesting cases and we've put the word out in print. We often make our voices heard at the podium. And there's always something to talk about within the firm.

Here's what's new at Kelly Garnsey Hubbell + Lass...

Cases

Auguste case update. Freddie Alvarez and Terry Kelly continue to head up the team litigating Donna Auguste's §1983 illegal search and seizure civil rights case in U.S. District Court for the District of Colorado before District Court Judge Wiley Daniel. We have earlier written about Auguste v. Alderen, et al. At the time of our last report, the conduct of the California star-prosecutor, Ben Field, was under attack from several directions. Field had prosecuted Donna Auguste's nephew and led the fight against Donna's attempts to get her nephew's conviction overturned. While Donna was working to set aside Field's conviction of her nephew, Field actually got a search warrant and searched Donna's home in Larimer County, Colorado. Judge Daniel's denial of Field's assertion of absolute immunity for his search conduct was unanimously upheld by a panel of the Tenth Circuit Court of Appeals. Back before the trial court, Judge Daniel has recently denied Field's latest attempt for immunity. Read Judge Daniel's new opinon here

Not only did Ms. Auguste put the light on the Santa Clara County's District Attorney's Office (San Jose, Calif.) by getting her nephew's conviction overturned and by bringing a civil rights action in her own name, she also placed Field's conduct before the California State Bar Court, the disciplinary tribunal for California attorneys. Field's prosecutorial and investigative conduct became the main topic in week long series and several follow-ups in the San Jose Mercury News. Field's trial on several disciplinary charges is now ongoing in the California State Court's courtroom in San Francisco. Freddie Alvarez or Terry Kelly have attended each of the four multi-day sessions. For an article on the disciplinary hearing, See the Mercury News article here. Field's defense attorney in the disciplinary proceedings is Alan Rubin, a high profile California criminal defense attorney who is also presently representing Barry Bonds. Ten to fifteen assistant DAs from Field's office have been present at each session in a show of support for Field.

Around the Firm

Here's what Bill Walters tells us he's been up to:

  • Presented Legal Update to the American Society of Veterinary Medical Association Executives in Carmel, California
  • Presentation to "Law Class" at George Washington High School on the Colorado Initiative & Referenda process
  • Presented Employment Law update to members of the American Animal Hospital Association
  • Continues visiting local bar associations throughout Colorado as part of duties as President of Colorado Bar Association
  • Assisted in the formation of the Rocky Mountain MS Center at Anschutz Medical Campus--a joint collaboration between the Rocky Mountain MS Center, the University of Colorado Hospital and University of Colorado at Denver School Medicine
  • Addressed over 400 justices, judges and magistrates at the State Judicial Conference in Breckenridge
  • Leaping tall buildings in a single bound while going faster than speeding bullet
  • Drinking one of Terry Kelly's martinis





 
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