judge paul kelly
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10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
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The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also…
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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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10th Circuit reinstates constitutional rights lawsuit against Douglas County child welfare workers
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The federal appeals court based in Denver reinstated a father’s lawsuit on Thursday against two Douglas County child welfare workers, who allegedly violated his constitutional rights in their investigation of suspected child abuse. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit noted a trial judge had previously dismissed the lawsuit…
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4 federal judges in Colorado advocate for Congress to create new judgeships
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Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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10th Circuit underscores high standard for constitutional claims against doctors
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The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
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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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Federal judges’ financial disclosures reveal frequent travelers, income sources, minor errors
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A review of judges’ financial disclosures for the federal trial and appeals courts headquartered in Denver reveals a range of income sources, a handful of judges who are frequent travelers to conferences and seminars, plus one judge’s minor — but repeated — errors in reporting. Pursuant to federal law, judges must file annual financial disclosures plus periodic…
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10th Circuit finds no issue with pro-police robocall mysteriously played during criminal trial
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The federal appeals court based in Denver declined last month to overturn a defendant’s drug conviction on account of a bizarre announcement that played over the speakers mid-trial warning about “criminals” who want to “defund the police.” A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also refused to order a…
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10th Circuit finds no constitutional, antitrust violations by Calhan officials with RV ordinances
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Members of a prominent family who served in the town of Calhan’s government did not commit constitutional or antitrust violations by adopting a series of restrictions on recreational vehicle parks that did not apply to their family’s own facility, the federal appeals court based in Denver ruled this month. Although a trial judge previously suggested…
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10th Circuit: 60 days means 60 days to voluntarily deport
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If a noncitizen has 60 days to leave the country or else ask for review of his immigration case, there is no grace period if the final day falls on a weekend, the federal appeals court based in Denver ruled last month. Addressing an issue that had only surfaced in one other appellate court, the…
