130 results for 'court:"10th Circuit"'.
J. Murphy finds that the lower court properly convicted defendant of sexual abuse of a child. Defendant argues on appeal that the lower court improperly admitted testimony regarding child sexual abuse disclosures and that those testimonies injected prejudice against him during proceedings, but the testimony was relevant to the case and was helpful to the jury as they made their findings. The lower court, as a result, had every right to allow the challenged testimony during trial. Affirmed.
Court: 10th Circuit, Judge: Murphy , Filed On: October 24, 2023, Case #: 22-5056, Categories: Evidence, Sex Offender
J. Rossman finds that the lower court improperly struck down elements of a Wyoming statute that, among other things, bans electioneering within 300 feet of a polling place on an election day. The lower court found that the 300-foot "buffer zone" on election day was unconstitutional, and also ruled that a ban on political bumper stickers in that zone on election day was also unlawful. But the manner in which the statute is written allows it to be capable of "reasoned application" and does not infringe on First Amendment rights. Also, the case is remanded for further findings on the constitutionality of a similar buffer zone related to being within 100 feet of an absentee polling place. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: October 23, 2023, Case #: 21-8060, Categories: Civil Rights, Elections, First Amendment
J. Tymkovich finds that the lower court properly denied a motion to enjoin a resort company from consummating a settlement regarding class allegations that its workers were owed unpaid overtime wages. The company would go on to reach a nationwide settlement with some of the plaintiffs, leading those bringing the suit from Colorado to ask that the settlement be put on hold. Their motion, however, is barred by the Anti-Injunction Act, and arguments that the Act does not apply to their suit are without merit. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: October 17, 2023, Case #: 22-1226, Categories: Employment, Settlements
J. Briscoe finds the lower court properly convicted defendant of attempted aggravated sexual abuse for acts against a friend during an overnight stay in a hotel room. Evidence is sufficient to support his conviction and enhanced sentence of 72 months imprisonment with five years of supervised release and a requirement to register as a sex offender. The lower court did not abuse its discretion by excluding the testimony of defendant’s expert witness, as his testimony was primarily common knowledge. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: October 12, 2023, Case #: 22-7025, Categories: Evidence, Sex Offender, Experts
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hartz finds that the lower court improperly denied a motion from an investigative services company seeking to compel arbitration in an overtime wages dispute with its employees. Under an "Arbitrator Decides Clause" in the relevant agreement, it is up to an arbitrator, not the court, to resolve the question of whether the employment agreement can be applied to the current dispute. The court as well incorrectly certified a class of employees in the dispute, so the class is vacated while the matter proceeds to arbitration. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: October 3, 2023, Case #: 22-1168, Categories: Arbitration, Employment, Class Action
J. Rossman finds that the lower court improperly sentenced defendant on his drug conviction. While the lower court properly imposed a firearms enhancement on his sentence, defendant was wrongfully denied a "safety-valve" reduction that he was eligible for due to not knowing about a firearm found in a mobile home. His sentence needs to be recalculated as a result. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: September 26, 2023, Case #: 21-7054, Categories: Drug Offender, Sentencing
J. Moritz grants in part the environmentalists petition to challenge a final rule related to Colorado’s State Implementation Plan for air pollution. The environmental group says the EPA approved the plan despite the fact that the state's permit program excludes all “temporary emissions” and “emissions from internal combustion engines on any vehicle” in determining if a source is subject to the permit process. Under the regulations used by the EPA itself to approve the plan, there is no clear language that would allow for such an exclusion as it relates to temporary emissions. That portion of the final rule is vacated and more proceedings are called for. Remanded.
Court: 10th Circuit, Judge: Moritz, Filed On: September 18, 2023, Case #: 22-9546, Categories: Environment, Agency
J. Moritz finds that the lower court improperly ruled in favor of land developers after a water company sued to stop the city from granting them water service to a proposed land development. A local statute does not allow cities to encroach on areas already serviced by federally indebted water associations, as long as the associations made water services available to the area. The lower court, however, did not properly determine if those water services were made available before ruling in favor of the developers. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: September 18, 2023, Case #: 21-6155 , Categories: Municipal Law, Water
J. Murphy finds that the lower court properly sentenced defendant on child pornography charges. Defendant was already on supervised release when he was caught in possession of the material stemming from child exploitation violations, and was sentenced to 180 months’ imprisonment. The enhancement used to sentence defendant, given the circumstances of his prior record, was correctly applied. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: September 18, 2023, Case #: 22-3122, Categories: Sentencing, Sex Offender
J. Tymkovich finds that the lower court properly dismissed a suit from victims of the Roosevelt Fire who sued the U.S. Forest Service with claims that the agency delayed its fire suppression response. Under the Federal Tort Claims Act, government entities are shielded from certain suits when they show they had to exercise a "discretionary function" that requires judgment and choice in tackling an event or problem. Responding to a wildfire falls under that umbrella, leaving the Forest Service immune from the suit due to the discretionary function exception. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: September 15, 2023, Case #: 22-8023, Categories: Environment, Tort, Agency
J. Seymour finds that the lower court improperly denied defendant's motion to suppress evidence that resulted in defendant's drug possession conviction. The drugs were found during a traffic stop that started when defendant was driving illegally in the passing lane, but the officer in question did not have the reasonable suspicion needed to extend the stop or investigate the car for drug trafficking. Reversed.
Court: 10th Circuit, Judge: Seymour, Filed On: September 11, 2023, Case #: 22-1070, Categories: Drug Offender, Search
J. Tymkovich vacates a judgment that was issued in favor of a former employee for an oilfield company. The employee sued the company with claims that it wrongfully exempted him from overtime pay, and the lower court found in his favor and awarded him $40,000. However, the jury was improperly instructed to determine if his salary was exempt from regulations relating to the Fair Labor Standards Act, a question that should have been left for the court to decide. Because that question was improperly handed off to the jury, a new trial is needed. Vacated.
Court: 10th Circuit, Judge: Tymkovich, Filed On: September 11, 2023, Case #: 21-1231, Categories: Employment, Jury, Labor
J. Tymkovich finds that the lower court improperly issued an order that reopened an employment case where an individual sued his employer with age discrimination claims after he was fired. The individual voluntarily dismissed his suit when his contract required him to arbitrate his claims, but when the arbitrator did not find in his favor, he moved to reopen his case. The lower court did not have the authority to grant this request because it was voluntarily dismissed without prejudice, and as a result, was not a final order. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: September 11, 2023, Case #: 22-1252, Categories: Arbitration, Civil Procedure, Employment
J. Rossman finds that the lower court properly tossed class ERISA claims brought by employees who alleged the company did not properly manage the ERISA plan and breached its duty by offering high-cost funds and charging unfairly high fees. The evidence on the record shows there was nothing unreasonable about the fees and that the company did not violate its fiduciary duties in how it administered the plan or kept its record books. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: September 6, 2023, Case #: 22-4045, Categories: Erisa, Class Action
J. Seymour finds that the lower court properly sentenced defendant following his conviction for sexual abuse of a minor. Defendant claims the lower court improperly applied a series of sentence enhancements, but these claims are without merit. The enhancements were over defendant having "undue influence over his victim," engaging in a pattern of illegal sexual conduct, and offending against a vulnerable victim. All of these enhancements were supported by the evidence. Affirmed.
Court: 10th Circuit, Judge: Seymour , Filed On: September 6, 2023, Case #: 22-7023, Categories: Sentencing, Sex Offender, Child Victims
J. Briscoe finds that the lower court improperly convicted defendant of murder. During trial, the lower court did not allow defendant's attorney to request a jury instruction on the theory of imperfect self-defense. By not allowing that theory to be delivered to the jury, defendant was prejudiced as it unfairly influenced his conviction. Vacated.
Court: 10th Circuit, Judge: Briscoe, Filed On: August 31, 2023, Case #: 22-7012 , Categories: Murder, Self Defense, Jury Instructions
J. McHugh finds that the lower court properly denied post-conviction relief to defendant regarding his murder conviction. Defendant says he received ineffective assistance of counsel during his trial, but defendant never raised that issue on direct appeal following his death sentence. Even if defendant were not barred to raise these claims, there is not enough evidence of error that would justify reversal. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: August 30, 2023, Case #: 21-6097 , Categories: Ineffective Assistance, Murder
J. Hartz finds that the lower court improperly tossed insurance contract claims in a life insurance beneficiary dispute in which the ex-wife seeks a portion of her deceased ex-husband's life insurance proceeds despite the fact that he was remarried at the time of his death. The lower court improperly found that the ex-wife failed to state a claim and dismissed her complaint. There was a Missouri divorce decree between the first wife and the husband that required him to maintain a $100,000 life insurance policy for her until other obligations were fulfilled, which never happened. This leaves several questions before the record to be answered, and gives the first wife a basis to state a claim. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 28, 2023, Case #: 22-1099, Categories: Insurance
J. Moritz finds that the lower court properly denied claims from the American Petroleum Institute that sought to challenge changes made in 2016 to the calculation procedures regarding royalties on oil and natural gas produced on federal lands. The changes included new features in three key valuation methods, which were gross proceeds, index pricing and default valuation. In each of those three methods, the Office of Natural Resources Revenue has shown it looked at all the relevant information and properly showed why the changes were being adopted. With no evidence of the changes being arbitrary or unlawful, the challenge to them was properly dismissed. Affirmed.
Court: 10th Circuit, Judge: Moritz, Filed On: August 25, 2023, Case #: 21-8076, Categories: Administrative Law, Government
J. Tymkovich finds that the lower court properly dismissed a lawsuit from two sign companies that alleged Colorado's regulations regarding road signs are unlawful. Under state law, a sign that was paid for requires a permit, such as a company advertisement, while a sign that nobody paid for, such as a public service announcement, does not require a permit of any kind. The two companies allege this distinction violates free speech rights, but the law passes constitutional muster because it allows the state to further its goals of promoting important issues, such as roadside safety. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: August 22, 2023, Case #: 21-1448, Categories: Civil Rights, Government
J. Hartz finds that the lower court properly convicted defendant of possession of child pornography. Defendant claims that prosecutors made a series of errors during trial, such as preventing statements by his brother and allowing the government to present improper evidence of other types of pornography on his devices, but none of these alleged errors come close enough to justifying reversal. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 21, 2023, Case #: 22-5060, Categories: Prosecutorial Misconduct, Sex Offender
J. Bacharach finds that the lower court properly tosses class securities claims against SpiritAeroSystems alleging that the company has engaged in securities fraud as a result of decreased sales and some accounting control issues. The most significant reason for the loss in sales was the fact that the company made parts for a Boeing airplane that eventually stopped being produced, but there is no meaningful evidence on the record that implies the company knew about the production halt. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: August 21, 2023, Case #: 22-5013, Categories: Securities
J. Phillips finds that the lower court improperly granted summary judgement to a supplier of calcium silicate, a substance used to make pipe insulation, after a smaller company sued it for maintaining an unlawful monopoly over the space. The smaller company says it tried to enter the market with a superior and less expensive product, but the larger company responded by threatening distributors that they would not sell to them if they bought the cheaper product. The smaller company put forward enough evidence that the larger entity had acquired an unfair monopoly and was using exclusionary conduct and threats to injure its competitor. Reversed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: August 21, 2023, Case #: 22-1164, Categories: Antitrust
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. Rossman denies a petition from environmentalists seeking to challenge a final rule issued by the EPA that endorsed Utah's move to adopt alternative measures to control visibility-impairing emissions at a series of power plants. The groups allege the alternative means do not meet national air quality visibility goals and that the EPA did not consider certain comments during the rulemaking process. The record shows the EPA considered all relevant factors to ensure compliance with federal regulations and properly responded to concerns raised during the rulemaking process.
Court: 10th Circuit, Judge: Rossman, Filed On: August 14, 2023, Case #: 21-9509, Categories: Environment, Agency
J. Matheson finds that the lower court properly denied defendant's habeas relief request following a murder conviction and death sentence. Defendant's claims that he received ineffective legal assistance during trial are without merit, as there is no evidence that during defendant's conviction and subsequent appeals his counsel acted in such a way that denied him a fair hearing or influenced the outcome of his proceedings. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: August 14, 2023, Case #: 20-6131, Categories: Ineffective Assistance, Murder
J. Hall upholds the bankruptcy court's approval of a settlement between a chapter 7 trustee and the debtor's estranged spouse regarding three vehicles, which were shared community property. The debtor fails to show the bankruptcy court's decision to approve the settlement was arbitrary or capricious. Affirmed.
Court: 10th Circuit, Judge: Hall, Filed On: August 14, 2023, Case #: 23-006 , Categories: Bankruptcy, Settlements
J. Murphy finds that the lower court properly sentenced defendant to 31 months of post-release supervision after she violated the terms of her release following a manslaughter conviction. Defendant claims the sentence was unlawfully excessive, but precedent shows defendant was given a sentence compliant with sentencing laws and that is not unlawfully long. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: August 11, 2023, Case #: 22-4047, Categories: Sentencing, Manslaughter