judge gregory phillips
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10th Circuit analyzes sentencing process for probation violators in rare all-judges’ hearing
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All 12 full-time judges on the Denver-based federal appeals court gathered for a rare oral argument on Monday to consider whether one of the court’s precedent-setting opinions created a process for sentencing probation violators that is out of step with what Congress intended. Although the judges of the U.S. Court of Appeals for the 10th…
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State Supreme Court to hold oral arguments, lawyers attend annual apellate event | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is holding oral arguments this week, plus lawyers and judges came together for the annual appellate conference to trade tips and hear about updates from the courts. Colorado Supreme Court news • The Supreme Court will hear…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
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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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10th Circuit upholds regulator’s methodology for Tri-State exit fees
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The Denver-based federal appeals court upheld a regulatory agency’s methodology for calculating the fee owed by entities seeking to withdraw from Tri-State Generation and Transmission Association last week. Tri-State is a Westminster-based cooperative that provides and transmits electricity to member utilities throughout neighboring states and to other customers. Tri-State enters into long-term service contracts in…
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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…