magistrate judge kathryn starnella
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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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Federal judge recommends sanctions on plaintiffs for faulty case citations
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A federal judge recommended that a pair of self-represented plaintiffs be subject to a range of sanctions for including flawed and non-existent case citations in their filings, potentially by using artificial intelligence. “A federal court is not a workshop for fictional writing. It is a forum that exists to uphold the law, administer justice, and…
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10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
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The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also…
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Federal judge dismisses National Guard member’s First Amendment lawsuit
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A federal judge on Friday dismissed a lawsuit from a member of the Colorado National Guard who alleged leadership unconstitutionally punished him for derogatory remarks made on a podcast. In a March 14 order, U.S. District Court Chief Judge Philip A. Brimmer expressed some confusion about how plaintiff David Morrill was alleging his First Amendment…
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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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Federal judge allows man to sue Aurora officer for alleged accidental discharge of gun
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A federal judge last week declined to dismiss a man’s excessive force claim against an Aurora police officer, who fired his gun in what the city alleged to be an accidental discharge. This spring, Arapahoe County jurors found Eugene Robertson guilty of numerous attempted murder charges. However, while he was incarcerated pending trial, Robertson filed suit against…
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‘Reality testing’ cases: Federal judge speaks about lessons learned in first year on the job
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Following her first 15 months on the job, U.S. Magistrate Judge Kathryn A. Starnella spoke on Tuesday about her evolving approach on the bench, including her expectations of attorneys who want her assistance in facilitating settlements of civil cases. Of the more than 3,000 cases filed in Colorado’s federal trial court annually, only a small…
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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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Ex-Dominion Voting Systems exec scores procedural victories in 2 defamation cases
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A former executive for Denver-based Dominion Voting Systems recently prevailed on multiple motions in a pair of federal defamation cases seeking to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Eric Coomer, the former director of product security and strategy for voting technology supplier Dominion, has…
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AI, criminal sentencing, SCOTUS ‘messaging’: 10th Circuit conference addresses hot-button issues
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The use of artificial intelligence, various aspects of criminal law and the work of the U.S. Supreme Court were among the topics discussed in Colorado Springs at least week’s biennial gathering of the U.S. Court of Appeals for the 10th Circuit. The 10th Circuit, which hears appeals in federal cases arising from Colorado, Oklahoma, Utah,…
