Judge Richard Federico
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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 provides guidance on police searches of cloud-based data
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The Denver-based federal appeals court provided guidance to law enforcement agencies on April 13 for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching…
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10th Circuit dismisses challenge to Colorado legislature’s decorum rules
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The Denver-based federal appeals court concluded on Tuesday that Colorado lawmakers cannot be sued for creating and enforcing rules of decorum that circumscribe the public commentary allowed at legislative committee hearings. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that the concept of legislative immunity extends to the establishment…
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Divided 10th Circuit orders pretrial release of defendant facing drug charges
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The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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‘A model example’: 10th Circuit OK’s Colorado’s non-discrimination requirement for universal pre-K
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The Denver-based federal appeals court ruled on Tuesday that Colorado’s universal pre-kindergarten program does not violate the rights of religious preschool operators by requiring participating organizations to refrain from discriminating on the basis of sexual orientation and gender identity, among other characteristics. Two Catholic institutions, St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in…
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10th Circuit judges hear about security, public engagement at conference
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Federal trial and appellate judges from Colorado and neighboring states heard about physical security, ways to engage with the public and other topics at a recent conference sponsored by the Denver-based appeals court. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit — which has jurisdiction over federal appeals from Colorado, Oklahoma,…
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10th Circuit weighs courts’ authority to block Colorado legislative decorum rules
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The Denver-based federal appeals court questioned on Wednesday whether the rules of decorum governing public comments at Colorado legislative committee hearings are beyond the reach of the judiciary, thanks to the concept of legislative immunity. During oral arguments to the U.S. Court of Appeals for the 10th Circuit, the judges explored the hypothetical restrictions lawmakers…
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10th Circuit, by 2-1, rebuffs industry challenge to Vail’s prohibition on delivery vehicles
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The Denver-based federal appeals court concluded on Friday that Vail’s 2023 prohibition on delivery vehicles in pedestrian areas had a sufficient connection to safety and, therefore, a trial judge was wrong to block the town from enforcing its ordinance. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit considered whether an…
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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…