Judge Richard Federico
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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…
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10th Circuit says prisoner shot at courthouse cannot sue without complaining to prison first
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The federal appeals court based in Denver ruled on Tuesday that an incarcerated man shot by a corrections officer during his courthouse appearance was required to first file an internal prison grievance before suing for excessive force, even though he was outside the prison at the time. In reaching its conclusion, a three-judge panel of…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
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The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…

