judge carolyn mchugh
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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”…
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Colorado Supreme Court signals possible intervention in lawsuit over climate change impacts
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The Colorado Supreme Court signaled on Monday it may intervene in a lawsuit out of Boulder County seeking to make ExxonMobil liable for damages resulting from climate change, one of many ongoing attempts across the country to hold oil and gas producers accountable for the impacts of greenhouse gas emissions. Boulder County and the city of Boulder…
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10th Circuit upholds COVID fraud convictions of Colorado Springs-based doctor
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The federal appeals court based in Denver agreed on Monday that jurors heard sufficient evidence to convict a doctor of fraudulently obtaining COVID-19 aid from the government and spending it on himself, not on his medical practice headquartered in Colorado Springs. Francis Joseph, the founder of Springs Medical Associates, argued prosecutors failed to prove he…
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Lawyer’s failure to cite facts prompts 10th Circuit to toss excessive force case
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The federal appeals court based in Colorado agreed last week that police officers from Littleton, Englewood and Denver cannot be held liable for killing one person and partially paralyzing another because the plaintiffs’ lawyer failed to cite any facts of the case while appealing a trial judge’s decision. During a late-night vehicle chase across multiple…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
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The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
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The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…