judge veronica rossman
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10th Circuit analyzes sentencing process for probation violators in rare all-judges’ hearing
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All 12 full-time judges on the Denver-based federal appeals court gathered for a rare oral argument on Monday to consider whether one of the court’s precedent-setting opinions created a process for sentencing probation violators that is out of step with what Congress intended. Although the judges of the U.S. Court of Appeals for the 10th…
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Colorado appellate judges, lawyers hold annual conference | APPELLATE UPDATE
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Appellate judges and attorneys gathered in Denver on Friday to discuss recent trends, exchange tips and clarify confusing areas of practice. “One of the things I really had to focus on, coming from the trial court, is that my inclination before was to make sure things are raised and people were getting their questions answered.…
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Colorado’s incoming chief appeals judge lays out agenda | APPELLATE UPDATE
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The incoming chief judge of Colorado’s Court of Appeals told lawyers on Friday that his goals for his four-year term include figuring out why criminal cases are taking nearly 1.5 years on average to reach appellate judges’ desks. “Criminal briefing is one of my biggest focuses, to be blunt,” said Judge Ted C. Tow III.…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
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The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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Lawsuit from men wrongly arrested for Denver shooting dismissed by federal appeals court
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The Colorado-based federal appeals court dismissed a lawsuit last week from two men who were arrested as suspects in a downtown Denver shooting when they instead appeared to be the targets. Trevor Puller and Deandre Hutchinson alleged that they were driving in Lower Downtown at around 2 a.m. in April 2021 when an unidentified man…
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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 upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
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The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
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The Denver-based federal appeals court announced on April 2 that it will hold a rare all-judges review of a recent decision that permits Colorado to require out-of-state banks to abide by the state’s maximum interest rates when they lend to in-state residents. Even more unusually, it is the second full-court hearing the U.S. Court of…
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10th Circuit rules cognitively impaired man’s risk of lobotomy, mistreatment in Mexico not ‘torture’
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The Denver-based federal appeals court concluded last month that a man’s risk of mistreatment or forced lobotomy in his native Mexico did not amount to “torture” that should shield him from deportation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that Javier Garcia-Botello’s request for protection under the Convention…
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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,…