judge gregory phillips
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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…
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10th Circuit rules Denver deputy will face trial for punching man in wheelchair
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The Colorado-based federal appeals court agreed on Friday that a Denver sheriff’s deputy will face a civil jury trial for using “arbitrary and punitive force” against a restrained man who spat on him. Video footage from 2019 captured Deputy Jason Gentempo punching and shoving Serafin Finn, who was in a wheelchair, to the ground after Finn…
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Colorado Supreme Court to say whether self-defense in workplace is grounds for termination
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The Colorado Supreme Court will decide whether employers may terminate workers for using self-defense in the workplace. Last week, the justices agreed to answer the question posed by a federal judge who is deciding whether a former convenience store clerk’s wrongful discharge lawsuit should proceed to a jury trial. Although U.S. District Court Judge Nina…
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Federal, state judges give the do’s and don’ts of criminal appeals | APPELLATE UPDATE
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Members of the state and federal appeals courts based in Denver spoke to attorneys on Friday about strategies for properly litigating criminal appeals, including how to make arguments based on body-worn camera footage. Justice Brian D. Boatright, Judge Karl L. Schock of the Court of Appeals and Judge Gregory A. Phillips of the U.S. Court…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
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Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
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10th Circuit opens door for class-action challenge to Colorado’s unclaimed property program
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The Denver-based federal appeals court reinstated constitutional rights claims on Friday against Colorado’s treasurer, potentially opening the door to a class-action lawsuit over how the state has set up its process for reuniting people with their unclaimed property. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled that two plaintiffs…
