130 results for 'court:"10th Circuit"'.
J. Carson finds that the lower court properly denied defendant's motion to suppress a firearm found during a traffic stop that led to his felony firearm possession conviction. Defendant claims the officers lacked good cause to conduct a warrantless sweep of his car during a traffic stop, but the officers had cause to suspect he might have a weapon based on strange movements defendant made around the time of the stop and the time it took defendant to come to a full stop after the police turned on their lights. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: August 8, 2023, Case #: 21-3202, Categories: Firearms, Search
J. Hartz finds that the lower court properly sentenced and convicted defendant of manslaughter. Defendant claims his sentence is unreasonable and that he was stripped of using a self-defense strategy during trial due to the nature of Oklahoma's law on voluntary manslaughter, but the court properly applied federal law, making the state law irrelevant. Also, there is nothing found in defendant's 96-month sentence that is unreasonable enough to warrant a reduction. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 7, 2023, Case #: 22-7027, Categories: Sentencing, Manslaughter, Due Process
J. Holmes finds that the lower court properly found against a series of salepersons and their affiliates who sold solar lenses to investors that were later alleged by the government to be a part of a solar energy tax scheme. Individuals and entities that were paid commissions for selling those lenses were then sued with fraudulent transfer and unregistered sales of securities claims by a court-appointed receiver. The lower court properly ordered those who received commissions to pay disgorgement. The solar lens scheme was an investment contract subject to securities laws that required them to be registered under the law, which they were not. And because the commission payments were based on illegal contracts that broke those securities laws, returning those payments was the correct remedy. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: August 7, 2023, Case #: 21-4065 , Categories: Remedies, Securities, Contract
J. Tymkovich finds that the lower court properly upheld the approval of a project in Wyoming designed to drill exploratory wells on land to which the project developer, an energy company, has development rights. A series of conservation groups say the feds did not look hard enough into the impact the project would have on the local wildlife population, such as sage-grouse and pronghorn antelope. The record shows the government properly collected all the relevant data and approved a plan that met their requirements under the law. The groups also did not exhaust administrative remedies. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: August 7, 2023, Case #: 22-8022, Categories: Environment, Agency
J. Hartz finds that the lower court improperly found in favor of an individual, who once owned the only Kentucky Fried Chicken restaurant in Pueblo, Colorado, after he sued KFC with bad faith claims when the company licensed a second KFC in Pueblo. The individual says the fast food giant broke a contract in how it went about licensing the second location, but his claims are barred by Kentucky law because none of the company's actions served to "undermine any benefit or protection" the individual had in his own franchise agreement. Vacated.
Court: 10th Circuit, Judge: Hartz, Filed On: August 4, 2023, Case #: 22-1017, Categories: Contract
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. Matheson finds that the lower court properly convicted defendant of shooting an individual to death. Defendant shot and killed the decedent while he was employed by the local police department and used police resources to find decedent's house, where he was spotted with defendant's daughter. Defendant claims that the man he shot had a "shiny" gun at the time of the incident, and while no gun was ever recovered at the scene and there is no evidence of decedent having a gun when he was killed, a chrome pistol was found in a police garbage can. Defendant's defense argument claims that this was the gun decedent had on him, and that a witness must have smuggled it into the police station. But the state provided ample evidence that decedent did not have any kind of gun, let alone the chrome pistol found in the garbage, and so his convictions stand. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: July 25, 2023, Case #: 22-5006 , Categories: Murder
J. Carson finds that the lower court properly dismissed a lawsuit over a dispute of alleged unpaid royalties for gas and oil leases. The lower court correctly tossed it for lack of jurisdiction, as administrative remedies were not fully exhausted and there was no major change in law that the court can review that would allow the issue to be litigated again after a prior judgment. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: July 25, 2023, Case #: 22-1170 , Categories: Civil Procedure, Contract
J. Holmes finds that the lower court improperly found that it lacked authority to review a post-judgment relief request from a native tribe in a dispute with Wyoming over the tribe's treaty hunting rights. The lower court did not properly consider whether there were changes in legal or factual circumstances that justified relief before it declared it lacked the authority to review the hunting rights dispute. More proceedings are also needed because specific findings will provide this court with a "crystalized record" that will help navigate potential future appeals. Vacated.
Court: 10th Circuit, Judge: Holmes, Filed On: July 24, 2023, Case #: 21-8050, Categories: Native Americans, Agency
J. McHugh finds that the lower court properly convicted defendants of child abuse crimes after the two took a child to an emergency room covered in bruises and suffering from internal bleeding, despite defendants claiming he had only injured himself by jumping off a bed and landing on a scooter. Defendants raise nearly a dozen issues on appeal, but none of them hold merit. The jury was properly instructed and evidence on the record supports the findings. The sentencing, which was applied well beyond the upper range of the standard guidelines, was properly considered before being passed down. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: July 24, 2023, Case #: 22-5005, Categories: Sentencing, Child Victims
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. Phillips finds that the lower court properly in part ruled in a zoning dispute between El Paso County and a drug and alcohol recovery center operator. The recovery center alleges that the county's strict occupancy limits and standards for group homes forced them to close their home. Though the county did violate the 1988 Fair Housing Act Amendments by imposing limits on group homes for disabled people without justification, the center has not shown standing to challenge other county standards because there's no evidence the county actually enforced them. The matter is also remanded due to an improper summary judgment ruling against the center's claim for intentional discrimination, as it showed evidence the county was preventing it from carrying out certain therapies while at the same time allowing other homes to do them. Affirmed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: July 18, 2023, Case #: 21-1227, Categories: Zoning
J. Holmes finds that the lower court properly found in favor of an oil and gas company after a family sued for trespass. The family claims the gas company, which owns the mineral rights under their home, has exceeded the scope of its rights by drilling several vertical wells on their land. While the drilling actions may have inconvenienced the property owners, showing only inconvenience is not enough to prevail on a trespass claim. They have not been able to show evidence of material interference or other serious misconduct, so summary judgment was properly given to the gas company. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: July 18, 2023, Case #: 21-1361, Categories: Property
J. Hartz finds that the lower court properly issued an award of attorney fees and other sanctions in a debt collection dispute. An attorney involved in the dispute raises several issues on appeal regarding the award, such as that the lower court improperly applied the law as it relates to fees due to sanctioned attorney’s multiplication of proceedings. None of these claims have merit, though the matter is remanded for the reduction of a single fee included in the award. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 22-1266 , Categories: Debt Collection, Attorney Fees
J. Hartz finds that the lower improperly issued a judgment in favor of a poultry company in a class securities dispute that alleged the company made a series of misleading statements to investors regarding its business operations and other financial results data. The lower court dismissed the second amended complaint but did not first properly address its sufficiency and improperly found it was barred by the statute of repose. The matter is remanded for further proceedings on the sufficiency of the amended complaint. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 21-1445, Categories: Civil Procedure, Securities, Class Action
J. Tymkovich finds that the lower court properly denied qualified immunity to an officer in an excessive force dispute. The officer used his knee to strike a pretrial detainee at a jail when the detainee was seated on the ground and handcuffed, and it is clear at this stage that the knee strike was excessive and that the officer cannot be shielded by immunity. The lower court did, however, improperly deny immunity to the sheriff. There was no way for the sheriff to know at the time of the incident that his supervision over the officer was deficient, as there is no evidence that there was a pattern of violence against inmates by jail staff. Reversed in part.
Court: 10th Circuit, Judge: Tymkovich, Filed On: July 11, 2023, Case #: 22-5086 , Categories: Immunity, Police Misconduct
J. Moritz finds that the lower court properly convicted defendant of murder. Defendant claims on appeal that the lower court wrongfully admitted character evidence against him, but defendant has already waived his right to challenge evidence, so his claims cannot prevail. Affirmed.
Court: 10th Circuit, Judge: Moritz, Filed On: July 10, 2023, Case #: 22-6055, Categories: Evidence, Murder
J. Briscoe finds that the lower court properly denied defendant's motion to suppress evidence regarding his drug convictions. He claims that the traffic stop that led to his arrest was unreasonably prolonged so police could get a dog to sniff the car, but all evidence on the record shows that the officer was diligent in their work during the stop and that all of the tasks the officer carried out, such as checking for warrants and running defendant's license information, were properly done. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: July 10, 2023, Case #: 22-8038, Categories: Drug Offender, Search
J. Tymkovich finds that the lower court properly ruled in favor of the government in a dispute over a water contract deal between the Bureau of Reclamation and the state of Utah over the water distribution from the Green River Basis. Environmental groups claim that the deal was approved without carrying out the proper "hard look" into how the deal would impact the environment, such as local fish. The deal does not drastically change the water or fish resources, however, because the main thrust of the deal only affects the state's point of diversion from the water source, not the amount of water to which the state is already entitled. Because of the relatively little change taking place, the methodology and materials used by the feds passes muster. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: July 10, 2023, Case #: 21-4098, Categories: Environment, Water, Agency
J. Eid grants the federal government's request to dismiss claims from two former armed service members who objected to a Covid-19 vaccination requirement. The case is moot for numerous reasons, such as the two not being in the military anymore and the fact that the mandate has since been removed.
Court: 10th Circuit, Judge: Eid, Filed On: July 6, 2023, Case #: 22-1032, Categories: Covid-19
Per curiam, the circuit finds that the lower court improperly convicted two defendants with murder during a trial where five individuals were convicted of committing a murder while they were members of a New Mexico gang that operates out of state prisons. While three of the five individuals were properly convicted, the other two were convicted without prosecutors meeting their "beyond a reasonable doubt" standard, and there was simply not enough evidence before the record for the convictions to stick. Reversed in part.
Court: 10th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 19-2148, Categories: Murder
J. Moritz finds that the lower court improperly granted qualified immunity to a police officer after he was sued for following a civilian home, blocking his driveway while shouting at the other person, and drawing his gun, all while out of uniform, off duty and with his child in the front seat. The officer's conduct was clearly "egregious
and unlawful," which is supported by the fact that the officer was later fired for the incident and convicted of assault and child endangerment. However, claims against the then-sheriff were properly tossed, as the civilian waived his challenge to a ruling where his legal counsel agreed to the dismissal. Reversed in part.
Court: 10th Circuit, Judge: Moritz, Filed On: July 5, 2023, Case #: 22-2027, Categories: Civil Rights, Immunity, Police Misconduct
J. Phillips finds that the lower court properly allowed a native tribe to conduct gaming operations on a 10-acre lot in Kansas that the tribe bought in the 1990s. The Kansas government has opposed the gaming operations, but the tribe has met all of the legal requirements under the law, namely that the land has been taken into a trust and was properly acquired. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: July 3, 2023, Case #: 21-3097, Categories: Government, Native Americans
J. Coburn finds that the lower court properly found in favor of the U.S. Bowling Congress after an individual says his bowling coach sexually abused him. The bowling group was not in any way aware of the coach's behaviors or that the alleged abuse was taking place, so the individual cannot show that the group owed him a special duty to protect. Affirmed.
Court: 10th Circuit, Judge: Coburn, Filed On: July 3, 2023, Case #: 84130-1-I, Categories: Negligence
J. Carson finds that the lower court properly sentenced defendant on robbery convictions. A sentencing enhancement was applied against defendant for committing three separate robberies on three separate occasions, but defendant claims the enhancement was improper and that all three robberies should only count as one occasion. The robberies were on different days at different locations, making each robbery a different occasion under the law. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 28, 2023, Case #: 22-6081, Categories: Robbery, Sentencing
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. Carson finds that the lower court improperly sentenced defendant for his firearm and battery convictions. Under the relevant sentencing rules, he is entitled to a downward sentencing adjustment due to having already served time for another related offense. Resentencing proceedings are needed. Vacated.
Court: 10th Circuit, Judge: Carson, Filed On: June 27, 2023, Case #: 21-6167, Categories: Firearms, Sentencing, Battery
J. Bacharach finds that the lower court properly granted summary judgment to a jail after a former employee sued for retaliation for placing her on leave after she drafted a petition that was critical of the jail's treatment of employees. The jail could only be liable if the petition concerned a public matter, but because it was private, her claims fail. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 27, 2023, Case #: 22-2106, Categories: Employment, Employment Retaliation
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. Seymour finds that that the lower court properly convicted defendant of drug possession. Defendant claims that the officers lacked reasonable suspicion for the stop that led to the discovery of drugs in his car. However, based on defendant driving recklessly without a seat belt, officers suspecting he may not have a valid license, and smells coming from the car, the officers had enough cause to carry out their search. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: June 26, 2023, Case #: 22-5053, Categories: Drug Offender, Search
J. Kelly finds that the lower court improperly in part sentenced defendant regarding a series of tax-related crimes. The lower court imposed a series of conditions on defendant's sentence. While the mandatory conditions of supervised release are valid components, the lower court went too far by adding 14 discretionary conditions to the release and there is conflict between his oral sentence and the written judgment that needs to be resolved. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: June 23, 2023, Case #: 22-4053, Categories: Sentencing, Tax