harris hartz
-
10th Circuit rules Denver police had no justification to search suspect’s backpack
—
by
Denver police were unjustified in searching a suspect’s backpack, the federal appeals court based in Colorado ruled on Tuesday, meaning the loaded firearm found inside cannot be used as evidence of a crime. The Fourth Amendment guards against unreasonable searches and seizures, and there are circumstances under which a warrantless search may be constitutional. But…
-
10th Circuit hears Denver’s request to throw out jury’s verdict for excessive force
—
by
Almost 10 years to the day after Denver police shot at Michael Valdez 19 times while he lay on the ground in surrender, lawyers for the city were back in court seeking to throw out his excessive force lawsuit. This time, Valdez was armed with a jury’s verdict finding Denver liable for failing to train…
-
10th Circuit ponders immunity for Colorado Springs officer in hospital room tasing
—
by
Some members of the federal appeals court based in Denver appeared skeptical on Tuesday that a Colorado Springs police officer committed a constitutional violation when he tased a man for refusing to hand over a cell phone that contained suspected evidence of child abuse. Last year, a trial judge allowed Carl Andersen Jr. to take…
-
10th Circuit tosses lawsuit over inmate attack in Clear Creek jail
—
by
The federal appeals court based in Denver agreed last month that a detainee who was attacked in the Clear Creek County jail failed to allege the sheriff and the county knew of a risk to his safety and disregarded it. Aaron Dugar claimed Sheriff Rick Albers and the board of county commissioners were liable for…
-
10th Circuit finds no discrimination after prosecutor dismissed all Hispanic jurors in trial
—
by
The Denver-based federal appeals court concluded on Monday that a prosecutor who dismissed all the Hispanic members of a jury pool did not violate the longstanding prohibition against intentional racial discrimination in jury selection. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit declined to grant a new trial for Jack…
-
10th Circuit rebuffs government for using non-existent rule to deport woman
—
by
The federal appeals court based in Denver has rebuked the government for relying on a non-existent rule to proceed with its deportation of a woman from Colorado and for disregarding the U.S. Supreme Court’s recent interpretation of immigration law. Authorities deported Mayra Veronica Estrada-Cardona in 2020 from Colorado after she spent more than 17 years…
-
10th Circuit finds no need to ask jurors about race, Trump in immigration-related trial
—
by
A judge was not required to ask jurors about their racial prejudices or their reactions to then-President Donald Trump’s derogatory comments about African and Caribbean countries during a criminal trial in which three of the four defendants were Black immigrants, the federal appeals court based in Denver ruled on Tuesday. During the January 2020 trial…
