judge paul kelly
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Despite trial error, 10th Circuit upholds Mesa County man’s child sex convictions
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
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
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
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
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…
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10th Circuit rules Denver police lawfully searched man’s ‘abandoned’ backpack
The federal appeals court based in Colorado agreed with prosecutors earlier this month that a shooting suspect effectively abandoned ownership of his backpack, which permitted police to search it and uncover an illegally possessed handgun inside. The Fourth Amendment protects people from unreasonable searches and seizures wherever they have a reasonable expectation of privacy. The…