judge michael murphy
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
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Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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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 rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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10th Circuit clears path for Colorado’s increased firearms purchasing age to take effect
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The federal appeals court based in Denver cleared the way on Tuesday for a 2023 Colorado law to take effect that will generally raise the age limit for purchasing firearms to 21. Senate Bill 169 was originally intended to take effect in August of last year, creating a misdemeanor offense for those who sell guns to…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
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Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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10th Circuit upholds COVID fraud convictions of Colorado Springs-based doctor
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The federal appeals court based in Denver agreed on Monday that jurors heard sufficient evidence to convict a doctor of fraudulently obtaining COVID-19 aid from the government and spending it on himself, not on his medical practice headquartered in Colorado Springs. Francis Joseph, the founder of Springs Medical Associates, argued prosecutors failed to prove he…
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10th Circuit rejects conservative group’s challenge to ballot title transparency law
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The federal appeals court based in Denver rejected a conservative group’s challenge on Friday to a 2021 Colorado law that requires tax-cutting ballot initiatives to provide details to voters about affected services, even if the mandated information is inaccurate. Following the 1992 enactment of the Taxpayer’s Bill of Rights, ballot measures seeking to increase tax…
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10th Circuit rejects conservative group’s challenge to ballot title transparency law
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The federal appeals court based in Denver rejected a conservative group’s challenge on Friday to a 2021 Colorado law that requires tax-cutting ballot initiatives to provide details to voters about affected services, even if the mandated information is inaccurate. Following the 1992 enactment of the Taxpayer’s Bill of Rights, ballot measures seeking to increase tax…
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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…