judge gregory phillips
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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
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The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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10th Circuit appoints ex-Colorado solicitor general to argue issue after federal government declines
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The Denver-based federal appeals court took the unusual step earlier this month of appointing an attorney to independently argue a key issue in a criminal sentencing appeal after the government indicated it would not contest the defendant’s view of the law. The case of Malachi Mathias Moon Seals out of Colorado was already in the…
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10th Circuit upholds violations, sanctions against Colorado Springs mental health hospital
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The Denver-based federal appeals court agreed earlier this month that the government properly cited and penalized a Colorado Springs psychiatric hospital for failing to protect its staff from known risks posed by patients. The Occupational Safety and Health Administration inspected Cedar Springs Hospital in 2019. OSHA then issued a citation alleging that Cedar Springs violated…
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10th Circuit to address resentencing of probation violators in rare all-judges hearing
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The Denver-based federal appeals court agreed on Thursday to hold a rare all-judges hearing to determine the proper procedure for resentencing a criminal defendant who has violated the terms of his probation. In the federal appellate courts, the vast majority of cases are decided in three-judge panels. Occasionally, the courts will vote to have all…
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10th Circuit judges recap do’s and don’ts for lawyers
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Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
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Divided 10th Circuit orders pretrial release of defendant facing drug charges
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The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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Divided 10th Circuit lets Colorado enforce interest rate cap on out-of-state banks
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The Denver-based federal appeals court ruled on Monday that Colorado may use a decades-old provision of federal law to require out-of-state banks to abide by Colorado’s maximum interest rates when they lend to in-state residents. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit overturned a trial judge’s injunction blocking Colorado…
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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10th Circuit, by 2-1, rebuffs industry challenge to Vail’s prohibition on delivery vehicles
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The Denver-based federal appeals court concluded on Friday that Vail’s 2023 prohibition on delivery vehicles in pedestrian areas had a sufficient connection to safety and, therefore, a trial judge was wrong to block the town from enforcing its ordinance. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit considered whether an…
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10th Circuit upholds $20M award to Fort Collins after jury found vendor acted fraudulently
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The Denver-based federal appeals court on Wednesday upheld a jury’s verdict finding a technology vendor made false representations to Fort Collins when attempting to secure a contract, for which the company must pay nearly $20 million. After Fort Collins voters approved the creation of municipal broadband in 2017, the city sought a provider to develop a…
