RESUME. Assistant District Attorney from January 9, 2001 January 9, 2009

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RESUME William F. NAGEL Email: bill.nagel@comcast.net ADMITTED TO PRACTICE LAW: Supreme Court of Colorado (1980) Registration No. 10,625 United States Supreme Court (1993) Tenth Circuit Court of Appeals (2001) Ninth Circuit Court of Appeals (1987) Federal District Court for the District of Colorado (1980) EMPLOYMENT HISTORY: Office of the District Attorney Twentieth Judicial District Boulder County Justice Center 1777 6 th Street P.O. Box 471 Boulder, CO 80306 303-441-3700 Assistant District Attorney from January 9, 2001 January 9, 2009 Chief Appellate Deputy District Attorney from October 1, 1992 January 8, 2001 Appellate Deputy District Attorney from April 1, 1991 September 30, 1992 Deputy District Attorney from March 8, 1983 November 17, 1983 Adjunct Professor of Law University of Colorado School of Law Fleming Law Building University of Colorado at Boulder Campus Box 401 Boulder, CO 80309-0401 Taught Criminal Procedure the Investigative Process in the spring 1996 and the summer 1998 semesters. Dietze, Davis, and Porter, P.C. 2060 Broadway, Suite 400

P.O. Box 1530 Boulder, CO 80306 Associate from February 1987 December 1989 Shareholder from January 1990 - March 1991 Office of the County Attorney of Boulder County, Colorado 1325 Pearl Street, 5 th Floor P.O. Box 471 Boulder, CO 80306 Acting County Attorney from June 1, 1985 May 19, 1986 Deputy County Attorney from November 18, 1983 January 31, 1987 Assistant County Attorney from November 8, 1980 March 7, 1983 July 1978 November 1980 Part Time Law Clerk Philadelphia County Court of Common Pleas Adult Probation Department 1317 Filbert Street, Suite 500 Philadelphia, PA 19107 Probation/Parole Officer from August 30, 1973 September 6, 1977 Pennsylvania Board of Probation and Parole State Office Building 1400 Spring Garden Street Philadelphia, PA 19107 Parole Investigator from October 19, 1972 August 29, 1973 2

Committees: Member of the Advisory Committee on the Rules of Criminal Procedure for the Colorado Supreme Court from July 1, 1998 until January 2009 Member of the Legislation Committee of the Colorado District Attorneys Council from the fall of 1998 until January 2009 Member of the Grand Jury Deputies Committee of the Colorado District Attorneys Council Member of the Ad Hoc Committee on Sentencing Laws of the Colorado District Attorney s Council Member of the Ad Hoc Committed on Criminal Justice Records Act of the Colorado District Attorneys Council EDUCATION: May 1980 Juris Doctor University of Colorado School of Law 401 UCB Boulder, CO 80309 Order of the Coif Finalist Rothgerber Moot Court Competition Austin W. Scott, Jr. Award for Best Oralist Storke Scholar Faculty Awards for best contribution to class discussion 1979 and 1980 June 1972 Bachelor of Arts Swarthmore College Swarthmore, PA 19081 Graduated with Honors Major in History, Minors in Psychology and English Literature PUBLICATION: The Differences Between the U.S. Supreme Court and the Colorado Supreme Court on the Test for the Determination of Custody for Purposes of Miranda, 71 DENV. U. L. REV. 427 (1994) 3

AWARDS: Boulder County Sheriff s Department Citizen Recognition Award, November 19, 1994 Colorado District Attorneys Council Seventh Annual Robert R. Gallagher, Jr. Award for Prosecution Excellence ( Prosecutor of the Year ), September 22, 2003 Advocate of the Month presented by the State Long Term Care Ombudsman, July 2010. CERTIFICATION: June 2009: Long Term Care Ombudsman VOLUNTEER MEMBERSHIPSHIPS: June 2009 present: Volunteer long term care ombudsman with the Boulder County Aging Services Division, Boulder Colorado; October 2009 present: member of the Board of Directors of Golden West Communities, Inc., Senior Living in Boulder, Boulder, Colorado. June 2009 - present: Indian Peaks Wilderness Alliance PUBLISHED APPELLATE CASES: People v. Elmarr, 181 P. 3d 1157 (Colo. 2008) Harris v. Denver Post, 123 P. 3d 1166 (Colo. 2005) (for amicus curiae Colorado District Attorney s Association) Colorado v. Miller, 541 U.S. 1082, 124 S.Ct. 2411, 158 L.Ed.2d 1000 (2004) (for amicus curiae Colorado District Attorney s Association in Support of Petition for a Writ of Certiorari, with Robert J. Whitley) Hoffman-Pugh v. Keenan, 338 F.3d 1136 (10 th Cir. 2003), cert. denied, 540 U.S. 1107, 124 S.Ct. 1069, 157 L.Ed.2d 894 (2004) People v. Lee, 18 P. 3d 192 (Colo. 2001) 4

People v. C.G., 12 P. 3d 861 (Colo. App. 2000) People v. Richardson, 983 P. 2d 5 (Colo. 1999) People v. MacCullam, 925 P. 2d 758 (Colo. 1996) People v. Savadra, 907 P. 2d 596 (Colo. 1995) E.J.R. v. District Court, 892 P. 2d 222 (Colo. 1995) People v. Leftwich, 869 P. 2d 1260 (Colo. 1994), cert. dismissed, Colorado v. Leftwich, 512 U.S. 1271 (1994) People in the Interest of C.O., 870 P. 2d 1266 (Colo. App. 1994) People v. LaFrankie, 858 P. 2d 702 (Colo. 1993), cert, denied, Colorado v. LaFrankie, 511 U.S. 1077 (1994) People in the Interest of J.C., 844 P. 2d 1185 (Colo. App. 1993) People v. Zinn, 843 P. 2d 1351 (Colo. 1993) People v. Gross, 830 P. 2d 933 (Colo. 1992) O Brien v. Village Land Co., 794 P. 2d 246 (Colo. 1990) State Dept. of Highways v. Denver and Rio Grand Western R. Co., 789 P. 2d 1088 (Colo. 1990) (for amicus curiae Transamerca Title Insurance Co.) Transamerica Title Ins. Co. v. Alaska Federal Sav. And Loan Ass n of Juneau, 833 P. 2d 775 (9 th Cir. 1987) Dollaghan v. Boulder County, 749 P. 2d 444 (Colo. App. 1987) MacGuire v. Houston, 717 P. 2d 948 (Colo. 1986) C & M Sand & Gravel, Div of C & M Ready Mix Concrete of Boulder v. Board of County Commissioners of Boulder County, 673 P. 2d 1013 (Colo. App. 1983) UNPUBLISHED APPELLATE CASES: People v. Rollie, 97 CV 850 (Colo. App. 1998) 5

People in the Interest of M.D.M., 97 CA 2234 (Colo. App. 1998?) People v. Gould, 94 CA 1813 (Colo. App. 1996?) People v. Rogers, 94CA 981 (Colo. App. 1995) People v. Thomas, 94 CA 1087 (Colo. App. 1995) People v. Gross, 94 CA 981 (Colo. App. 1995) TRAININGS PRESENTED: Elder Abuse, Boulder County Legal Services, October 2007. Theft from the Elderly, Colorado Gerontological Society s Boulder Monthly Meeting of Elder Service Providers, July 2007. Records Retention, Colorado District Attorneys Council Annual Conference, September 2007. Post-Conviction Remedies, Colorado District Attorneys Council, Felony Prosecution Skills Course, February 2007, February 2006, February 2005, February 2004, February 2003. Colorado District Attorneys Counsel, Shreck in the County Court: April 5, 2002 Other Acts or Transactions Evidence in Sexual Assault Cases under the newly amended 16-10-301, C.R.S., Colorado District Attorneys Council Annual Conference, August 1, 1996 Interrogation and Search and Seizure Case law Update: Boulder Sheriff s Dept. Reserves February 6, 2008; May 4, 2005; November 6, 2002; December 6, 1997; September 6, 1995; June 7 & Aug. 13, 1994. Lafayette Police Department: January 16 & 23, 2008; June 2 & 16, 2004; January 8 & 15, 2003; Boulder County Law Enforcement: September 6 & 8, 2005; Boulder Sheriff s Department: monthly from February until June 2003 & November 9, 10, 2003; October 15, 16, 18, & 19, 2001; December 4, 5, 6, 7, & 8, 2000; October 20, 23, & 24, 1997; August 14 & 16, 1995. 6

Custodial Interrogation: Longmont Police Department: March 30, 1993. Office Trainings: Discovery under Crim.P. 16: January 3, 2008; Mental Condition Defenses, Low, Van Rees, Requejo, Henderson, and Garcia: January 4, 2007; Unanimity Jury Instructions: March 16, 2006; Blakely: August 26, 2004; Sealing Records: June 5, 2002; Records Requests: November 4, 2002; Restitution: September 6, 1996; Interstate Agreement on Detainers and Mandatory Disposition of Detainers Act: December 5, 1995; Special Prosecutions: September 8, 1995; Discovery and Work Product: June 5, 1995; Standards for Preliminary Hearing: January 6, 1994; The Right to Self-Representation: June 25, 1993; Claims of Ineffective Assistance of Counsel Pretrial: June 4, 1993; Custody for Purposes of Miranda: April 16 & 30, 1993 7