judge joel carson
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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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Aurora not liable for suspended officer’s attack on woman, federal court rules
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The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
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The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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10th Circuit dismisses challenge to Colorado legislature’s decorum rules
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The Denver-based federal appeals court concluded on Tuesday that Colorado lawmakers cannot be sued for creating and enforcing rules of decorum that circumscribe the public commentary allowed at legislative committee hearings. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that the concept of legislative immunity extends to the establishment…
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10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
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The Denver-based federal appeals court distanced itself March 4 from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
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10th Circuit weighs courts’ authority to block Colorado legislative decorum rules
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The Denver-based federal appeals court questioned on Wednesday whether the rules of decorum governing public comments at Colorado legislative committee hearings are beyond the reach of the judiciary, thanks to the concept of legislative immunity. During oral arguments to the U.S. Court of Appeals for the 10th Circuit, the judges explored the hypothetical restrictions lawmakers…
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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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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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10th Circuit says judge misinterpreted meaning of ‘sudden’ in Denver property damage case
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The Denver-based federal appeals court ruled on Thursday that a trial judge incorrectly interpreted the meaning of “sudden” when he concluded an insurance company need not pay for damage to a home allegedly caused by prolonged construction work nearby. Experts hired by Allstate and homeowner Michael Catalano Jr. disagreed whether the damage to Catalano’s Denver…
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Federal judge once again dismisses lawsuit of prison employee offended by DEI training
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A federal judge dismissed a second lawsuit on Monday brought by a former Colorado Department of Corrections employee who was offended by an equity training module and alleged it created a hostile work environment. In 2023, U.S. District Court Judge Nina Y. Wang dismissed Joshua F. Young’s first lawsuit on the grounds that he failed…