judge william martinez
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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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Judge reluctantly lets appeal proceed in case of prisoner who missed SCOTUS deadline due to library closure
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A federal judge on Wednesday declined to let a jury trial proceed as scheduled and instead opted to let the Denver-based federal appeals court decide if two prison employees have immunity in an incarcerated man’s constitutional rights lawsuit. U.S. District Court Judge Charlotte N. Sweeney previously ruled a jury should decide if law librarian Yvette…
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
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Denver police did not violate the constitutional prohibition on unreasonable searches and seizures by obtaining a bullet, without a warrant, that was removed from a man’s leg and later used as evidence against him, the Colorado-based federal appeals court ruled on Tuesday. Law enforcement responded to an office building in the Cherry Creek neighborhood where…
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Colorado Springs to face trial over adequacy of police training, federal judge rules
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The city of Colorado Springs will stand trial alongside four of its officers, a federal judge ruled on Thursday, so a jury can determine if a man’s constitutional rights were violated when police chased him inside his home without a warrant and restrained him as he lay on the floor dying. Previously, U.S. District Court Senior…
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Colorado Springs officers to face civil trial for luring man out of home, chasing him inside prior to death
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A federal judge ruled last week that a jury will decide whether four Colorado Springs police officers violated a man’s constitutional rights by chasing him inside his home without a warrant and restraining him as he lay on the floor dying. Chad Alexander Burnett was mentally ill and allegedly behaving menacingly toward his neighbors. When…
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4 federal judges in Colorado advocate for Congress to create new judgeships
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Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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3 federal judges trim claims brought by 2020 protesters in Denver
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A trio of federal judges in recent weeks cut back the number of claims that could proceed to trial in lawsuits stemming from police use of force during the protests in downtown Denver four years ago. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment…
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Federal judge halts $1,000-per-day fine against conservative podcaster until 10th Circuit weighs in
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A federal judge on Tuesday paused his order requiring a conservative podcaster to pay a $1,000 daily fine and canceled a hearing scheduled for Wednesday to consider more drastic sanctions, citing a need to let the federal appeals court based in Denver have its say. Last month, U.S. District Court Senior Judge William J. Martínez ordered…
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Federal judge green-lights trial over arrest of protester at Denver mayor’s 2019 inauguration
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A federal judge indicated on Monday that it is a jury’s role to decide whether Denver police officers violated a woman’s rights by arresting her for disrupting the inauguration ceremony of then-Mayor Michael Hancock in 2019. U.S. District Court Senior Judge William J. Martínez found the officers had not performed a clearly unconstitutional seizure of Caryn…
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10th Circuit says no constitutional violation from Denver officers’ warrantless search of storage unit
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Denver police officers did not violate a man’s constitutional rights with their warrantless search of a storage locker he had been using without authorization in his apartment building, the federal appeals court based in Colorado ruled last month. Although the U.S. Court of Appeals for the 10th Circuit emphasized its Sept. 20 opinion hinged on specific shortcomings…