judge harris hartz
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10th Circuit rules 20-year-old DUI convictions may be factor in deportation proceedings
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The Denver-based federal appeals court concluded last month that it was appropriate for immigration authorities to consider a man’s 20-year-old impaired driving convictions when determining if he recently exhibited “good moral character.” Under federal law, an immigrant seeking to remain in the country is eligible for relief if they have been continuously present in the…
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10th Circuit revives retaliation claim against Jeffco sanitation district
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The Denver-based federal appeals court on Monday reinstated an attorney’s retaliation claim against her former employer, a special district based in Lakewood, alleging she was fired for statements she made about board members’ malfeasance. Courts have recognized that public employees’ First Amendment rights are more limited, owing to the need for the government to control…
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10th Circuit clarifies when hardship to child can halt parent’s deportation
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The Denver-based federal appeals court clarified on Monday that immigration judges, when deciding whether to halt a person’s deportation because of hardship to their child, should consider whether the child meets the age threshold at the time of the decision, even if a significant delay means they are no longer a legal “child.” The U.S.…
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10th Circuit denies full-court review of trans detainee’s appeal; some GOP appointees dissent
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The members of the Denver-based federal appeals court rejected El Paso County’s request on Tuesday for full-court review of a recent decision reinstating the constitutional rights lawsuit of a transgender detainee. In February, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Darlene Griffith had credibly alleged then-Sheriff Bill Elder’s housing and…
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10th Circuit rules defendant wrongly convicted for gun possession
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The Denver-based federal appeals court ruled last week that a man sentenced to 48 months in prison for being a felon in possession of a firearm was not, in fact, prohibited from having a gun. Prosecutors indicted Omari Davis for a violation of the federal prohibition on possessing a gun after being convicted of a…
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10th Circuit clarifies what judges should do when juries turn in conflicting verdicts
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The Denver-based federal appeals court put judges and lawyers on notice Monday that if a jury produces a verdict too confusing to interpret, a judge may ask jurors to reconsider their decision. The U.S. Court of Appeals for the 10th Circuit acknowledged its prior decisions did not permit judges to let juries clarify certain kinds…
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2 Biden appointees from Colorado take center stage as SCOTUS hears conversion therapy case
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The U.S. Supreme Court’s decision on Monday to accept an appeal out of Colorado questioning the constitutionality of a law restricting “conversion therapy” for minors turns the spotlight toward two relatively new federal judges who previously sided with the state. In the case of Chiles v. Salazar, Colorado Springs counselor Kaley Chiles alleged Colorado’s 2019 ban violated her…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
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The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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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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By 2-1, 10th Circuit rejects request to block Colorado’s conversion therapy ban
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Colorado’s 2019 ban on the provision of “conversion therapy” for LGBTQ children will remain in effect after the federal appeals court based in Denver declined on Thursday to block the law on constitutional grounds. Kaley Chiles, a licensed counselor in Colorado Springs, alleged the law violated her First Amendment rights and sought a preliminary injunction.…
