joel carson
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Government’s 23-month delay not a reason to dismiss criminal case, 10th Circuit rules
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Even though the government waited 23 months after indicting a defendant to resume its prosecution, a trial judge was wrong to conclude the delay violated the man’s constitutional right to a speedy trial, the federal appeals court based in Denver ruled last week. U.S. District Court Senior Judge Christine M. Arguello derided the indictment of…
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10th Circuit agrees warrantless entry into Aurora man’s home not a clear constitutional violation
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The federal appeals court based in Colorado agreed on Wednesday that police officers were entitled to immunity for entering a man’s Aurora home without a warrant and performing a “protective sweep” that included removing his sleeping infant. A protective sweep generally does not involve looking for evidence, but, rather, it entails law enforcement moving through…
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10th Circuit rebuffs environmental group’s lawsuit over government records
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The federal appeals court based in Denver has rejected the arguments from a wildlife and habitat conservation group that the U.S. Forest Service failed to conduct a legally-adequate search for records – despite disclosing 140,637 pages of documents related to a controversial roadway project. Rocky Mountain Wild filed an open records request with the Forest Service…
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Religion, injunctions, affirmative consent: Court conference tackles heavy political subjects
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Federal judges and lawyers heard about the cascade of recent developments in legal interpretation during a three-day conference in Colorado Springs, with a heavy focus on the U.S. Supreme Court’s sharp turn toward more conservative outcomes on major cultural issues. Attendees at the U.S. Court of Appeals for the 10th Circuit’s Bench & Bar Conference…
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10th Circuit says Fort Collins postal worker may not sue union for false information
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Even though a Fort Collins letter carrier was unable to sue the U.S. Postal Service for discrimination in time because of false information union leaders allegedly provided her, the federal appeals court based in Denver agreed Lynda Hickey is now barred from suing the union itself for its misrepresentations. It was unclear why officers of…
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10th Circuit agrees Denver not immune from ADA lawsuit
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The federal appeals court based in Colorado agreed a woman could sue her former employer, the City and County of Denver, for disability discrimination without running into the immunity typically granted to states and their agencies. Lower court judges have repeatedly held that local departments of human services in Colorado are arms of the state…
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10th Circuit upholds jury verdict for Xcel Energy in discrimination lawsuit
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The federal appeals court based in Denver has upheld a jury’s verdict finding Xcel Energy did not discriminate against a former worker on the basis of her race and sex by failing to promote her. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit reviewed a narrow aspect of the case:…
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10th Circuit rules Mesa County workers cannot be sued for infant’s foster care death
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Three child welfare workers in Mesa County did not commit a constitutional violation when they helped place an infant in the care of a foster mother who ultimately killed her, the federal appeals court based in Denver has ruled. After studying its options, the Mesa County Department of Human Services recommended Angel Place be moved…
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10th Circuit finds no need to ask jurors about race, Trump in immigration-related trial
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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…
