Esteban's Resume

Additional Information

 

LEGAL EXPERIENCE  Licensed in Colorado October, 1999; 10th Circuit Court of Appeals and  U.S. District Court for the District of Colorado November, 1999; United  States Supreme Court August, 2010 


July 2014-present – managing partner, Henson Martinez, LLC 

•  Manage firm, represent clients in matters pertaining to employment,  contractual obligations, domestic relations, parental constitutional  rights, criminally-accused constitutional rights and in civil and  criminal appeals before the Colorado Court of Appeals, Colorado Supreme  Court and U.S. Supreme Court (if necessary); supervise and train  attorneys and staff 


June 2013-present – owner, Martinez Law, LLC

•  Manage firm, represent clients in administrative actions and appeals  (concerning, mostly, Colorado agencies), and, in civil and criminal  appeals before the Colorado Court of Appeals, Colorado Supreme Court and  U.S. Supreme Court (if necessary); supervise and train attorneys and  staff 


June 2010-June 2013 – managing partner, Brien & Martinez Law, LLC

•  Organized firm, represented clients in civil and criminal appeals  before the Colorado Court of Appeals, Colorado Supreme Court and U.S.  Supreme Court; supervised and trained new attorneys   


2002-2009­ – managing partner, Martinez Law, LLC

•  Represented clients in personal injury claims, employment matters  (concerning, mostly, Title XIV, ADEA-29 U.S.C. §§ 621 et. seq., FMLA-29  U.S.C. §§ 2601 et. seq. and corresponding Colorado statutes),  contractual resolutions, domestic relations (separation, divorce,  adoption, etc.) administrative actions and appeals (concerning, mostly,  Colorado agencies), and, in civil and criminal appeals before the  Colorado Court of Appeals and Colorado Supreme Court; supervised and  trained attorneys


January 2001-January 2002 – Colorado Department of Law, Appellate Division, Criminal Justice Section, Full-Time Assistant Attorney General

•  Drafted appellate arguments concerning hosts of constitutional and  criminal law issues in felony cases, made oral arguments at the Colorado  Court of Appeals (handled approximately three appeals a month)

•  Trained as a mediator (basic mediation training) in conformance with the  Colorado Council of Mediators and Mediation Organizations


June 2000- December 2000 – GILBERT O. Montoya, Jr., Attorney & Counselor at Law, Contract Attorney 

•  Drafted complaints, motions and court briefs; strategized with Mr.  Montoya on ways in which to best represent clients and approach  litigation matters (concerning, mostly, breach of commercial contracts  (including leases), deceptive trade practices and breach of fiduciary  duties in various business contexts) 


August 1999-October 2000 – Roberts Levin Zboyan & Patterson, P.C., Attorneys at Law, Part-Time Staff Attorney

•  Drafted complaints, motions, court briefs, appellate arguments and  correspondence to clients; strategized with senior attorneys on ways in  which to best represent clients and approach litigation matters  (concerning, mostly, bad faith breach of insurance contract deriving  from first-party and third-party insurance contracts, municipal employee  indemnification claims, ERISA claims and ADEA claims) 


1998-1999 – University of Denver College of Law Battered Women’s Clemency Project, Student Attorney

•  Wrote a clemency petition and presented oral arguments to Governor  Romer’s clemency board on behalf of battered woman convicted of murder

•  Strategized with attorneys, law professors and other members of the  legal community on ways in which to provide information to the media  regarding clemency for my client and two other clemency clients 


1997 – University of Denver College of Law Student Law Office, Student Attorney

•  Represented indigent clients in criminal matters which required  interviewing, obtaining discovery and appearing at numerous hearings in  various municipal and state courts to argue motions and sentencings 


REPORTED  CASES - ("Reported Cases" are those of my cases where I represented a  party or parties on appeal and which the Colorado appellate courts,  including the Colorado Supreme Court, chose to publish the results in  those cases so that their rulings would require all Colorado trial  courts to follow those rulings as precedent)


  • Cases Esteban litigated on behalf of appellants 

People v. Cooper,  383 P.3d 1170 (Colo.2016) (police officer had reasonable, good faith  belief that search warrant was proper and established probable cause  that defendant was currently dealing drugs from his residence, and thus  good-faith exception to exclusionary rule applied) (co-counsel with  Patrick R. Henson);   


People v. Parks,  14CA0811, 2015 WL 6746422 (Colo.App. Nov. 5, 2015) (warrantless search  of cooler found in defendant’s van during an inventory search did not  violate state constitutional search and seizure provisions);   


People v. Lopez, 2015 WL 1844438 (Colo.App.2015) (“defendants . . . who elect to raise claims of ineffective assistance in a Crim. P. 33 motion are bound by the standards of review attendant to Crim.P.33. . . . not . . . the standards of review attendant to Crim. P. 35(c)”); 


People v. Wingfield,  WL 7446991, 2 -3 (Colo.App.2014) (as a matter of first impression, a  competency hearing constitutes a critical stage for the purpose of the  6th Amendment right to counsel);


People v. Rios,  338 P.3d 495, 499 -500 (Colo.App.2014) (under constitutional harmless  error analysis, murder conviction reversed because trial court  instructed jury that it could consider co-defendant’s guilty plea for  any purpose: the instruction violated defendant’s constitutional fair  trial and confrontation rights);


People v. Owens,   228 P.3d 969 (Colo. 2010) (statutory scheme for unitary review of  death penalty cases did not prohibit extensions beyond two-year time  limit on completion of all proceedings) (as co-counsel with three other  attorneys);


People v. Loper, 241 P. 3d 543 (Colo. 2010) (special circumstances did not exist to warrant disqualification of district attorney from case);


Misenhelter v. People,   234 P. 3d 657 (Colo. 2010) (defendant's conviction for aggravated  incest, entered mere moments before his sentencing for negligent child  abuse, constituted a “prior conviction” that was not required – under  the Apprendi-Blakely line of cases – to be found by a jury to support sentence enhancement);


People v. Misenhelter, 214 P. 3d 497 (Colo. App. 2009) (see Misenhelter, supra);


People v. Scott,  176 P.3d 851 (Colo. App. 2007) (trial court, in setting amount of  reimbursement based, in part, on factors other than amount of time that  deputy public defenders devoted to case, violated Chief Justice  Directive and warranted remand for recalculation);


People v. Montour,  157 P. 3d 489 (Colo. 2007) (provision of death penalty statute which  mandated that defendant waive his right to jury trial on sentencing  facts when he pled guilty violated Sixth Amendment rights to jury  fact-finding, sentence reversed and case remanded for re-sentencing)  (co-counsel with Judy Lucero);


People v. Crespi,  155 P. 3d 570 (Colo. App. 2006) (separate convictions for possession of  controlled substance and possession of manufacturing chemicals or  supplies did not violate prohibition against double jeopardy; as matter  of first impression, question of authenticity of letter written by  defendant was for jury; letter was relevant; letter was not inadmissible  hearsay; admission of letter did not violate defendant's right of  confrontation; and trial court’s failure to give limiting instruction  with respect to letter did not constitute plain error);


People v. Kelling,  151 P. 3d 650 (Colo. App. 2006) (trial court erred in assuming it could  require defendant to proceed either with conflict-laden counsel or pro  se: case remanded for a hearing);


People v. McNally,  143 P. 3d 1062 (Colo. App. 2005) (24-year sentence not grossly  disproportionate where defendant was charged for theft because he took a  $1,000 deposit for a construction job, failed to complete it and was  charged under Colorado’s habitual criminal act);


People v. Turner, 109 P. 3d 639 (Colo. 2005) (victim-advocate privilege and plain language of C.R.S. § 13-90-107(1)(k)(I)  forbid disclosure of records or reports of assistance provided to  victim of domestic violence) (for Amicus Curiae Colorado Criminal  Defense Bar);


  • Cases Esteban prosecuted as a Colorado Assistant Attorney General

People v. White,  55 P. 3d 220, (Colo. App. 2002) (clause of statute governing offense of  illegal discharge of a firearm, which states that a person commits such  offense by discharging a firearm into any motor vehicle occupied by any  person, does not require proof that a bullet actually enter the  passenger compartment of the vehicle);


People ex rel. J.M.N.,  39 P. 3d 1261 (Colo. App. 2001) (juvenile speedy trial statute, C.R.S. §  19-2-108, incorporates the tolling and enforcement provisions of  “adult” speedy trial statute, C.R.S. § 18-1-405, and “adult” speedy  trial statute’s tolling and enforcement provisions not inconsistent with  either juvenile statute's sixty-day deadline or statute's requirement  that such deadline may be extended upon a finding of good cause);


People v. Sherman,  45 P. 3d 774 (Colo. App. 2001) (trial court describing reasonable doubt  as “a doubt for which you could give a reason” constituted error but  did not violate defendant’s due process rights because the totality of  the instructions accurately advised the jurors of the government’s  burden);


People v. O’Dell,  53 P. 3d 655 (Colo. 2001) (statutory exception to appellate  reviewability of propriety of sentence for sentences within range agreed  upon by parties pursuant to plea agreement was inapplicable to  defendant where defendant was advised at providency hearing of range of  penalties but his plea agreement included no agreed sentencing range or  cap);


OTHER PROFESSIONAL EXPERIENCE 


August 2001-2004 – University of Denver College of Law, adjunct professor

•  Taught, “Law and Literature,” to second and third year law students to  convey to them the human element of law practice and also used the  course as an opportunity to help students sharpen their writing  abilities

• Taught year long course, “Lawyering Process,” to  first-year law students with emphasis on research and legal writing  skills with particular emphasis on legal analysis and problem solving


August 1993-2006 – Community College of Denver, Full-Time Professor of English, Journalism, Humanities and Paralegal Studies

•  Taught writing and paralegal courses, identified budgetary needs,  assisted in the preparation of class schedules and catalogs, reviewed  and recommended text books, established grading standards for part-time  faculty, mentored new faculty, served on various committees such as  Advising and Retention, Hiring, Diversity, and Budgeting, worked on  committees to develop various charter high schools, taught (on behalf of  the college) gifted/talented high school students as a special  lecturer 

• Developed short texts conveying standards and teaching  techniques for various courses, designed and implemented methods and  practices to create opportunities for full-time and part-time faculty to  collaborate and improve teaching methods, designed, planned and shared  administrative duties for the full integration of computer technology in  academia


August 1991-1992 – University of Colorado at Boulder, Teaching Assistant

• Taught creative writing


EDUCATION

University of Denver College of Law, Denver, Colorado, J.D., December 1998 


University of Colorado, Boulder, Colorado, M.A., English Literature (creative writing emphasis),

December 1993 


Metropolitan State College of Denver, B.A., Journalism and Creative Writing for Publication,

December 1989 


Aims Community College, Greeley, Colorado, General Studies, 1987 


HONORS AND AWARDS

• Nominated for Pushcart Prize in fiction, 1996

• Teaching for a Change Fellow, 1995

• Mary Ellen Ancell Fellowship, 1991

• Metropolitan State College of Denver Annual Fiction Contest, 1st place, 1989


COMMUNITY SERVICE (past and present)

Honorary  Recruiter/Tutor of Native American law students; provided pro bono  legal and writing services to Native American Indian Legal Services  (NAILS), a non-profit organization; Supervising Attorney for, “The  Parole Project,” a non-profit endeavor associated with the University of  Denver College of Law which provided legal representation to indigent  parolees at parole revocation hearings


MEMBERSHIPS & AFFILIATIONS

• Colorado Criminal Defense Bar

• Colorado Bar Association

• Colorado Juvenile Defender Center

• Colorado Coalition for the Homeless

• Colorado Trail Lawyers Association


PERSONAL INTERESTS

Writing  and reading fiction, poetry and essays; cardio workouts; lifting  weights; running; swimming; hiking; traveling; gardening; singing;  dancing; acting; cooking Mexican food; riding motorcycles  

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