10th circuit
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
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Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
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The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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10th Circuit provides guidance on police searches of cloud-based data
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The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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10th Circuit upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
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The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
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A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
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The Denver-based federal appeals court announced on April 2 that it will hold a rare all-judges review of a recent decision that permits Colorado to require out-of-state banks to abide by the state’s maximum interest rates when they lend to in-state residents. Even more unusually, it is the second full-court hearing the U.S. Court of…
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10th Circuit upholds regulator’s methodology for Tri-State exit fees
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The Denver-based federal appeals court upheld a regulatory agency’s methodology for calculating the fee owed by entities seeking to withdraw from Tri-State Generation and Transmission Association last week. Tri-State is a Westminster-based cooperative that provides and transmits electricity to member utilities throughout neighboring states and to other customers. Tri-State enters into long-term service contracts in…
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Federal judge proposes sanctions against Mike Lindell’s lawyers for continued fake citations
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A federal judge is once again pursuing sanctions against lawyers for MyPillow CEO Mike Lindell for continuing to cite to court cases that do not exist, likely based on the faulty output of artificial intelligence tools. Last year, a jury in Colorado awarded plaintiff Eric Coomer $2.3 million in damages against the defendants, Lindell and…