Judge Richard Federico
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10th Circuit, 2-1, rules ignoring emergency signal from jail detainees is clear constitutional violation
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The Denver-based federal appeals court concluded on Monday that a jail employee can violate a detainee’s clear constitutional rights by ignoring an emergency distress signal, even if there is no further information about what kind of emergency exists. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed Ralph Marcus Hardy…
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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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Federal judge upholds Colorado law increasing gun purchasing age
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A federal judge on Thursday upheld a 2023 Colorado law generally increasing the age to purchase firearms, after the challengers acknowledged a recent federal appeals court decision dictated the outcome. Senate Bill 169 created a misdemeanor offense for those who sell guns to people younger than 21. Similarly, it became a misdemeanor for someone under 21…
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10th Circuit allows Gross Reservoir construction to continue while trial judge sorts out project
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The Colorado-based federal appeals court on Friday permitted construction to continue temporarily on Denver Water’s massive infrastructure project in Boulder County while a trial judge forges ahead with a hearing on the matter. Earlier this month, U.S. District Court Senior Judge Christine M. Arguello found that, as a result of federal law violations, the expansion of…
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10th Circuit clarifies what judges should do when juries turn in conflicting verdicts
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The Denver-based federal appeals court put judges and lawyers on notice Monday that if a jury produces a verdict too confusing to interpret, a judge may ask jurors to reconsider their decision. The U.S. Court of Appeals for the 10th Circuit acknowledged its prior decisions did not permit judges to let juries clarify certain kinds…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
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The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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10th Circuit judges speak about AI, mechanics of oral argument
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Three members of the Denver-based federal appeals court spoke to lawyers on Monday about key considerations when arguing their cases, as well as the potential role artificial intelligence will play in judging. “Broadly speaking, we don’t have really a choice at this point as to whether or not technology’s gonna evolve towards greater use of…
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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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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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10th Circuit dismisses excessive force lawsuit over Lakewood police’s ‘ambush’ of man
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The federal appeals court based in Denver dismissed an excessive force lawsuit earlier this month from a man who alleged Lakewood police hid outside his home, failed to identify themselves as law enforcement, then shot him. In Eric St. George’s telling, police officers planted themselves outside his building close to midnight and called him multiple…