judge carolyn mchugh
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10th Circuit finds judge erred in imposing sex offender treatment for man’s bank robbery conviction
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The Denver-based federal appeals court concluded on Friday that a judge imposed sex offender treatment for a defendant’s attempted bank robbery conviction in violation of federal sentencing rules. James Robert Clark is serving 78 months in prison for an attempted December 2023 bank robbery in Commerce City. He will also serve two years of supervised…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
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Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
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Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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10th Circuit judges speak about AI, mechanics of oral argument
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Three members of the Denver-based federal appeals court spoke to lawyers on Monday about key considerations when arguing their cases, as well as the potential role artificial intelligence will play in judging. “Broadly speaking, we don’t have really a choice at this point as to whether or not technology’s gonna evolve towards greater use of…
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4 federal judges in Colorado advocate for Congress to create new judgeships
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Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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10th Circuit clears path for Colorado’s increased firearms purchasing age to take effect
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The federal appeals court based in Denver cleared the way on Tuesday for a 2023 Colorado law to take effect that will generally raise the age limit for purchasing firearms to 21. Senate Bill 169 was originally intended to take effect in August of last year, creating a misdemeanor offense for those who sell guns to…
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How a Harris or Trump presidency might shape Colorado’s federal courts
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In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
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The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
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Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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10th Circuit dismisses constitutional challenge to Colorado’s charitable solicitation law
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The federal appeals court based in Denver dismissed a constitutional challenge to a portion of Colorado’s law governing paid nonprofit solicitors, determining on Friday that the lawsuit against Secretary of State Jena Griswold was now moot. Colorado’s legislature enacted the Charitable Solicitations Act after finding fraudulent solicitations on behalf of charities were a “widespread practice”…