judge david ebel
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10th Circuit, prosecution, defense all agree federal judge wrongly calculated sentence
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After the prosecution and defense were in unusual agreement that a trial judge misapplied the law when determining if a prior conviction amounted to a violent crime, the federal appeals court based in Denver agreed this month that the defendant’s sentence could not stand. Kenneth Devereaux pleaded guilty in 2022 to the federal offense of…
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10th Circuit gives Colorado Springs officer immunity for hospital room tasing
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A Colorado Springs officer acted reasonably by grabbing and repeatedly tasing a man in a hospital room for not relinquishing his fiancée’s cell phone, the federal appeals court based in Denver ruled on Friday. A trial judge previously found Officer Vito DelCore escalated the interaction with Carl Andersen Jr. and effectively created the need to…
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10th Circuit reinstates excessive force, illegal arrest claims against Adams County deputies
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The federal appeals court based in Denver reinstated a man’s claims against two Adams County deputies on Tuesday, agreeing that a jury could find the deputies arrested him simply because he was criticizing their investigation tactics, and not because he committed any crime. Deputies Chad Jenkins and Michael Donnellon arrested John Jordan while they were…
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10th Circuit moves out front of Colorado Supreme Court, answers injured-motorist question
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Shortly after the Colorado Supreme Court agreed to address whether state law allows certain injured motorists to receive both workers’ compensation benefits and payments from their employer’s auto insurer, the federal appeals court based in Denver chose to answer the question without waiting for the Supreme Court’s interpretation. By 2-1, a three-judge panel of the…
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10th Circuit reinstates pregnant employee’s claim against Postal Service by 2-1
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A jury will decide whether the U.S. Postal Service failed to accommodate a pregnant employee’s restrictions on lifting, pushing and pulling heavy items, after the federal appeals court based in Colorado reversed a judge’s ruling that sided with the agency. Sharhea L. Wise was a postal worker in Denver for three months before her termination.…
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10th Circuit agrees Adams County deputy who fractured motorist’s ribs not liable for excessive force
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An Adams County sheriff’s deputy who pulled a man out of his pickup truck and fractured his ribs after smelling marijuana is not liable for excessive force, the federal appeals court based in Denver ruled last week. The U.S. Court of Appeals for the 10th Circuit agreed Jeffrey Helvie’s refusal to exit the vehicle and…
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By 2-1, 10th Circuit finds government wrongly denied asylum application of man threatened by cartel
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Immigration authorities wrongly denied the asylum application of a man who assisted law enforcement in the United States only to be threatened by cartel members upon his deportation to Mexico, the federal appeals court based in Denver ruled on Monday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit decided, 2-1,…
