judge veronica rossman
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
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
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
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’
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
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 rules Greeley officer unconstitutionally detained man standing outside home
The Denver-based federal appeals court concluded last week that a Greeley police officer lacked reasonable suspicion to detain a man who was standing outside the door of a residence and not engaging in any indicators of criminal activity. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that the U.S.…
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Divided 10th Circuit lets Colorado enforce interest rate cap on out-of-state banks
The Denver-based federal appeals court ruled on Monday that Colorado may use a decades-old provision of federal law to require out-of-state banks to abide by Colorado’s maximum interest rates when they lend to in-state residents. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit overturned a trial judge’s injunction blocking Colorado…
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10th Circuit judges hear about security, public engagement at conference
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 considers whether parents can pursue relief from Colorado ‘chosen name’ law, policies
Some members of the Denver-based federal appeals court on Tuesday appeared skeptical of an attempt by two parents to block a Colorado law requiring public schools to use a student’s chosen name, as well as their school district’s corresponding policy intended to support LGBTQ students. At the same time, one judge’s questioning seemed sympathetic to…
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10th Circuit denies full-court review of trans detainee’s appeal; some GOP appointees dissent
The members of the Denver-based federal appeals court rejected El Paso County’s request on Tuesday for full-court review of a recent decision reinstating the constitutional rights lawsuit of a transgender detainee. In February, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Darlene Griffith had credibly alleged then-Sheriff Bill Elder’s housing and…