judge gregory phillips
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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…
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10th Circuit allows jury to decide multimillion-dollar antitrust lawsuit
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A jury will decide whether a manufacturer broke the law by threatening its customers with retaliation if they bought product from a rival supplier, 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 found a trial judge wrongly sided with defendant…
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10th Circuit finds El Paso County land-use code discriminates against disabled residents
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El Paso County’s land-use code violated federal housing law by placing discriminatory caps on group-living facilities for people recovering from drug addiction, the federal appeals court based in Denver ruled on Tuesday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded the county provided no valid justification for treating rehabilitation…
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10th Circuit upholds validity of federal sentencing recommendations
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When Congress created the U.S. Sentencing Commission in 1984, it intended to reduce disparities in criminal sentencing at the federal level by developing a set of guidelines, which trial judges now reference during sentencing. However, the guidelines are also accompanied by commentary – notes that clarify and expand upon the meaning of the guidelines. In recent…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
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Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…
