habeas corpus
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Trump’s 10th Circuit nominee recuses from cases against federal government without explanation
President Donald Trump’s nominee to fill a vacancy on the Denver-based federal appeals court recused himself without a clear explanation from nine cases against the executive branch while he was undergoing vetting by the White House this spring. U.S. District Court Chief Judge Daniel D. Domenico disclosed the recusals in his responses to the U.S.…
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10th Circuit dismisses Tina Peters’ challenge to confinement as moot
The Denver-based federal appeals court granted the state’s unopposed request on Wednesday to dismiss former Mesa County clerk Tina Peters’ challenge to her confinement as moot. Although Peters received a commutation of her prison sentence last month from Gov. Jared Polis and has since left prison, her federal proceedings addressed whether Peters could be freed…
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Colorado Supreme Court reverses 2 Chaffee County judges for imposing fee on habeas petitioner
The Colorado Supreme Court rejected two separate appeals earlier this month from an incarcerated defendant seeking immediate release from prison, but concluded that two Chaffee County judges incorrectly required him to prepay filing fees for his cases. David J. Gottorff is serving a prison sentence following his 2023 convictions in Ouray County. Although his challenge…
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Federal judge releases man after 2 immigration judges disobey order
A federal judge released a man from immigration detention on Thursday after two different immigration judges disobeyed his order in the same case. “At this point, the Court has granted Respondents two bites at the apple to prove detention of Petitioner was warranted,” wrote U.S. District Court Judge Gordon P. Gallagher. “It will not allow…
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Federal judge warns of increasingly inadequate immigration bond hearings
A federal judge ordered the immediate release of a man in immigration custody last week and, seemingly for the first time in Colorado, warned that the government is increasingly conducting inadequate bond hearings for detainees. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration detention. The most common allegation…
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Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
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Federal judge: Government violated order shielding man from deportation in ‘one-off mistake’
A federal judge acknowledged on Thursday that the government violated his order by deporting a man in immigration detention during his pending court case, but it “serves nobody’s interests” to require the government to return him. On Feb. 18, Tesfami Chael filed a habeas corpus petition in Colorado’s U.S. District Court to challenge his immigration…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
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10th Circuit judges recap do’s and don’ts for lawyers
Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
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Federal judge rejects Tina Peters’ request for release pending appeal
A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…