judge gregory phillips
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How a Harris or Trump presidency might shape Colorado’s federal courts
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In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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Despite trial error, 10th Circuit upholds Mesa County man’s child sex convictions
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Although a trial judge wrongly permitted jurors to see a 9-year-old video of a child victim’s accusations, the federal appeals court based in Denver upheld the sex-related convictions of a Mesa County man last month. Michael Tracy McFadden was originally convicted in state court for sexually assaulting multiple children, including on trips out of state through his…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
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The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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10th Circuit finds trial judge erred in sentencing duo who fraudulently sold body parts
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A trial judge incorrectly calculated the sentences of a mother and daughter who pleaded guilty to fraudulently obtaining and selling body parts as part of an eight-year scheme, the federal appeals court based in Denver ruled on Tuesday. Megan Hess operated Sunset Mesa Funeral Directors in Montrose, catering to customers seeking cremation as well as medical-research…
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Ex-Dominion exec prevails in another appeal over unproven election-rigging accusations
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For the second time in under a month, a former executive for Denver-based Dominion Voting Systems has moved forward in his efforts to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Last year, a federal trial judge agreed Eric Coomer, the director of product strategy and…
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Ex-Dominion exec prevails in another appeal over unproven election-rigging accusations
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For the second time in under a month, a former executive for Denver-based Dominion Voting Systems has moved forward in his efforts to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Last year, a federal trial judge agreed Eric Coomer, the director of product strategy and…
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10th Circuit allows man to sue officer for seizing personal items from pockets at Walmart
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The federal appeals court based in Denver agreed last month that a man could sue an off-duty Aurora police officer for seizing items from his pockets at a Walmart store under the mistaken belief they were shoplifted. William Montgomery has filed a series of state and federal lawsuits based on a similar pattern of events:…
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10th Circuit dismisses appeal of man convicted for pushing wife off cliff
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The federal appeals court based in Denver has dismissed a man’s challenge to his 2015 murder conviction for pushing his wife off a cliff in Rocky Mountain National Park. Last month, the U.S. Court of Appeals for the 10th Circuit rejected Harold Henthorn’s claim that a trial judge inappropriately narrowed his postconviction challenge to a…
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10th Circuit reminds judges: Be attentive to mentally ill litigants
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The federal appeals court based in Denver reminded judges last month to be mindful of self-represented litigants who appear to be mentally ill, and to arrange for assistance when required. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit reviewed the appeal of Jessie Tunson-Harrington, whose excessive force and false arrest…
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10th Circuit chides judge for not following rules when penalizing plaintiff for not following rules
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A federal judge did not follow the rules when he seemed to penalize a plaintiff for not following the rules, the federal appeals court based in Denver ruled on Tuesday. Robert Carraway had filed suit against State Farm Fire and Casualty Company, alleging the insurer did not properly investigate and compensate Carraway for hail damage…
