judge philip brimmer
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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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Supreme Court to hold oral arguments, discipline commission releases report | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is holding oral arguments this week, plus Colorado’s judicial discipline commission released its annual report. Colorado Supreme Court news • The Supreme Court will hear arguments in three cases on Tuesday: J.B. v. MKBS, LLC et al.:…
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Federal judge dismisses developer’s challenge to Denver affordable housing ordinances
A federal judge dismissed a homebuilder’s constitutional challenge on Tuesday to a pair of Denver ordinances that impose obligations on developers related to the affordable housing demands created by new construction. Two related companies, redT Homes and redT Capital Partners, sued the city last year over the fees they would incur to construct six homes…
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
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Daniel Domenico to take over as Colorado’s chief federal judge
Daniel D. Domenico will become the new chief judge of Colorado’s federal trial court next week, a role that encompasses the administration of the court as well as a judicial caseload. Under federal law, the chief judge of a U.S. District Court generally serves for a seven-year term. The person next in line is the…
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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Colorado senator, local officials push for new Colorado Springs federal courthouse
Local officials and one of Colorado’s U.S. senators urged the judiciary earlier this year to explore placing a new federal courthouse and judge’s chambers in Colorado Springs, while the district court is cautioning that Congress must establish new judgeships before any expansion out of Denver occurs. “We’re supportive of a courthouse in Colorado Springs with…
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Colorado’s federal trial court denies admission to lawyer owing tens of thousands in dues, penalties
Colorado’s U.S. District Court declined last month to allow an attorney to practice before the court due to his failure to pay enrollment fees and penalties to another state’s bar association for years. The federal trial court requires attorneys to remain in “good standing” wherever they practice and to notify the court if that is…
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Federal judge declines to order Denver to let police critic apply for review board
A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…