13 results for 'judge:"Ebel"'.
J. Ebel finds that the lower court properly convicted defendant of sexual abuse against a minor. Defendant claims on appeal that the lower court improperly allowed a 50-minute video recording of a forensic interview with the child victim, which defendant says violated the rules regarding hearsay. The interview in question, however, was supported by "sufficient guarantees of trustworthiness" and had enough value to the proceedings to outweigh any evidence-related issues. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: April 23, 2024, Case #: 22-7033, Categories: Evidence, Sex Offender, Child Victims
J. Ebel finds that the lower court properly denied defendant's motion to suppress evidence regarding his child pornography convictions. Defendant sought to suppress emails that contained the content after law enforcement got the emails on a tip from the National Center for Missing and Exploited Children. It is common practice for law enforcement to use tips and other leads from organizations such as that. Even if police did not act on the tip, there was enough evidence that inevitably would have been discovered during the investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: February 20, 2024, Case #: 22-2085, Categories: Evidence, Child Pornography
J. Ebel finds that the lower court improperly dismissed an age discrimination claim brought by a former employee of a medical company who says he was fired after experiencing a several-month stay in the ICU due to a medical emergency. While the lower court properly tossed his disability discrimination claim on the grounds that there was no reasonable accommodation of leave during his recovery the company could have offered, his age discrimination claim should have survived. He brought forward enough evidence at this stage to suggest that he was fired on false pretenses, and was later replaced with two younger and less qualified employees. Reversed in part.
Court: 10th Circuit, Judge: Ebel, Filed On: February 9, 2024, Case #: 22-5107, Categories: Employment, Employment Discrimination
J. Ebel finds that the lower court improperly sentenced defendant on firearm convictions. The lower court used a prior conviction to help calculate his sentence after finding that the prior conviction was a "crime of violence," but the lower court used the incorrect approach in finding if that conviction was based on "intentional rather than reckless conduct." Because his prior conviction was improperly labeled for sentencing purposes, defendant's sentence needs to be recalculated. Vacated.
Court: 10th Circuit, Judge: Ebel, Filed On: February 6, 2024, Case #: 22-1203, Categories: Firearms, Sentencing
J. Ebel finds that the lower court properly denied defendant's motion to suppress evidence found during a search of his home and computers that resulted in his child pornography convictions. Following a tip from the mother of a child from whom defendant attempted to solicit pornography, the warrant behind the search was backed by probable cause, and his overall convictions were well supported by evidence on the record. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: October 5, 2023, Case #: 22-2056, Categories: Search, Sex Offender, Child Victims
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J. Ebel finds that the lower court improperly denied an officer qualified immunity after it was alleged that the officer used excessive force against an individual in an attempt to get a cell phone that the officer believed would prove that the individual or his fiancee has abused a child. The individual was resisting the officer during the altercation after being ordered to turn over the phone so as to prevent the destruction of evidence, so the officer was justified in deploying his taser to overcome the resistance. Because the officer's conduct was lawful, he is entitled to immunity. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: August 18, 2023, Case #: 22-1130, Categories: Civil Rights, Immunity, Police Misconduct
J. Ebel finds that the lower court improperly granted ERISA benefits under a medical plan after determining that the insurance company in question improperly processed a family's claim and circumvented ERISA mandates. The proper remedy to such findings is not the outright awarding of benefits, but rather further proceedings to properly consider the claim under the law. The matter is remanded so those very proceedings may take place. Reversed in part.
Court: 10th Circuit, Judge: Ebel, Filed On: August 15, 2023, Case #: 21-4129, Categories: Erisa
J. Ebel finds that the lower court improperly granted qualified immunity to police deputies after they were sued by a man who says he was arrested and thrown to the ground for criticizing the police while they were questioning his nephew about a car accident. None of the individual’s criticisms towards the police fell outside the bounds of First Amendment protections, so there was no probable cause for arrest. The officers therefore cannot be granted immunity at this stage. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: July 18, 2023, Case #: 22-1154, Categories: Immunity, First Amendment, Police Misconduct
J. Ebel finds that the lower court in large part properly issued an award to a company that prevailed in a dispute with a competitor that was misrepresenting the ingredients in its products and manipulating reviews on Amazon. While the lower court erred by not considering the request for punitive damages, the award of profits, attorney fees and other costs were all supported by the record. More proceedings are called for regarding the punitive damages request. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 27, 2023, Case #: 21-4152 , Categories: Unfair Competition, Damages
J. Ebel finds that the lower court improperly convicted defendant of sexual abuse. The lower court improperly allowed testimony from the mother of the two victims in the case, given that the testimony was largely based on her belief that her children's allegations were truthful. This injected prejudice into the proceedings against defendant that requires reversal. More proceedings or an outright new trial are necessary. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 26, 2023, Case #: 21-5079 , Categories: Sex Offender
J. Ebel finds that the lower court properly convicted defendant of unlawful firearm possession. The warrant used to search defendant's house did not contain any misstatements or omissions that would void it. Also, challenged testimony does not fall under the definition of hearsay because the jury was instructed that it was only being admitted to show that the FBI had conducted a complete investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 21, 2023, Case #: 22-2007, Categories: Firearms, Search
J. Ebel finds that the lower court properly found there was not a likelihood of confusion between two marks in a trademark suit between two education-related providers. While the marks are similar, there is little evidence of actual confusion taking place. The parties do business in different markets and consumers in that space are likely to use a lot of care in picking those types of services. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: May 31, 2023, Case #: 22-1248, Categories: Trademark
J. Ebel finds that the lower court properly granted qualified immunity to a deputy sheriff regarding claims from an individual that the deputy used excessive force against him during a traffic stop. The deputy saw a gun in defendant's door during the stop, and with that information, there is nothing to show that the deputy's use of force was unreasonable. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: May 9, 2023, Case #: 22-1187, Categories: Civil Rights, Police Misconduct