judge carolyn mchugh
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Colorado justices ponder parole requirements for juvenile sex offenders amid constitutional challenge
Colorado’s justices on Tuesday appeared to believe the state law authorizing lengthy sentences for adult sex offenders does, when applied to juveniles, account for the guardrails necessary to comply with the U.S. Constitution. However, that determination would only be a piece of the larger puzzle, due to the unusual manner in which the case of…
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10th Circuit gives immunity to Colorado Springs officers for tasing man 8 times prior to death
The federal appeals court based in Denver agreed on Monday that two Colorado Springs police officers cannot be held liable for using a Taser on a man up to eight times in 90 seconds, leading to his death. Officers Daniel Patterson and Joshua Archer were investigating a possible disturbance at an apartment building when Jeffrey…
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10th Circuit rejects ex-Adams County sheriff’s appeal in retaliation case
The federal appeals court based in Denver has rejected ex-Adams County Sheriff Richard A. Reigenborn’s attempt to end a retaliation lawsuit brought by four subordinates Reigenborn fired – including the man who defeated him last year. Upon taking office after the 2018 election, Reigenborn pushed out multiple high-ranking personnel who had been supporters of Reigenborn’s opponent.…
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Colorado Supreme Court to scrutinize parole requirements for juvenile sex offenders
The Colorado Supreme Court has agreed to answer whether the state law authorizing indefinite, potentially lifetime sentences for sex offenses makes room for the special considerations that must be given to juveniles who are tried as adults. In a rare move, the court accepted the question not through the usual appeals process, but following a…
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10th Circuit rules Black Hawk casino’s insurance policy did not cover COVID-19 closure
The federal appeals court based in Denver decided last week that a Black Hawk casino’s insurance policy, with limited exception, did not provide for hundreds of millions of dollars in coverage during the period in 2020 when COVID-19 forced businesses to halt or modify their operations. Monarch Casino & Resort, Inc. sued its insurer, Affiliated…
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10th Circuit wipes away $1.5 million in sanctions judge imposed without good reason
The federal appeals court based in Denver has overturned a judge’s seven-figure sanction on a pair of law firms for proceeding with what she termed a “fatally flawed” case, even though the judge communicated there were legitimate issues worth deciding before she suddenly changed her position. U.S. District Court Senior Judge Christine M. Arguello sided…
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10th Circuit declines to allow Colorado’s new gun law to take effect during appeal
The federal appeals court based in Denver declined on Tuesday to suspend a trial judge’s order preventing Colorado from enforcing a new law that increased the firearm purchase age from 18 to 21. Previously, U.S. District Court Chief Judge Philip A. Brimmer granted a preliminary injunction to two Colorado residents who challenged the constitutionality of…
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10th Circuit agrees Colorado felony menacing conviction merits deportation
The federal appeals court based in Denver rejected a man’s argument last month that he should be shielded from deportation because his felony menacing conviction in Colorado was not a “crime involving moral turpitude.” Jorge Arturo Telles-Carranza is a Mexican citizen who entered the United States in 2006. The federal government began deportation proceedings in…
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10th Circuit grants immunity to Douglas County deputies who entered home over man’s objection, used force
Douglas County sheriff’s deputies cannot be held liable for entering a man’s home without a warrant, over his objection, and forcibly arresting him on suspicion of domestic violence, the federal appeals court based in Denver ruled last month. Bryce Watkins sued three deputies for violating his Fourth Amendment right against unreasonable searches and seizures by…
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10th Circuit says no refunds for Vail Resorts customers after curtailed 2020 ski season
Three years after the COVID-19 pandemic forced Vail Resorts to halt operations for the 2019-2020 season, the federal appeals court based in Denver has ruled passholders cannot sue the ski conglomerate for refunds. Vail customers from Colorado and other states pursued a class action lawsuit against the company on the theory that the Epic Passes…