judge daniel domenico
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Colorado’s chief federal judge breaks with colleagues on issue of mandatory immigration detention
Chief Judge Daniel D. Domenico broke with his peers on Colorado’s U.S. District Court last week in siding with the government’s argument about the broad scope of its immigration detention authority. In an April 15 order finding that a man was properly in custody without a bond hearing, Domenico acknowledged his view is the outlier…
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10th Circuit provides guidance on police searches of cloud-based data
The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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Federal judge finds no constitutional violation by Huerfano County well inspectors
A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…
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10th Circuit upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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Federal judge sides with Mesa County school district in ex-student’s First Amendment claims
A federal judge concluded last week that Mesa County Valley School District 51 and three of its administrators did not violate the First Amendment rights of a former student when they imposed minor discipline in response to disruptive behavior. In the landmark 1969 decision of Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
The Denver-based federal appeals court announced on April 2 that it will hold a rare all-judges review of a recent decision that permits Colorado to require out-of-state banks to abide by the state’s maximum interest rates when they lend to in-state residents. Even more unusually, it is the second full-court hearing the U.S. Court of…
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Federal judge considers second round of sanctions against ex-Colorado judicial discipline director
A federal judge ordered Colorado’s former judicial discipline director on Tuesday to explain why she should not sanction him a second time for filing documents for improper purposes, such as harassment or delay. U.S. District Court Senior Judge Kathryn H. Vratil is already scheduled to hear arguments and evidence on Thursday about potential misrepresentations made…
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Federal judge to consider sanctioning ex-Colorado judicial discipline director
A federal judge ordered Colorado’s former head of judicial discipline on Wednesday to explain why she should not sanction him for making inaccurate statements about the defendants in his lawsuit against the Colorado Supreme Court and related entities. U.S. District Court Senior Judge Kathryn H. Vratil indicated she will hear arguments and evidence next Thursday…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
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10th Circuit upholds finding of no misconduct against Colorado federal judge
A judicial committee for the Denver-based federal appeals court upheld the chief judge’s finding last week that a federal judge in Colorado did not engage in misconduct by handling a civil case involving other attorneys and judges in the state. Ordinarily, misconduct proceedings against federal judges provide anonymity to the complaining party and the subject…