6 results for 'judge:"Briscoe"'.
J. Briscoe finds that the lower court properly sentenced defendant for his convictions for engaging in a sexual act with a minor. Defendant claims that the lower court should have allowed a plea agreement that was proposed by both parties, but there were valid concerns on the record regarding defendant's behavior, struggles with alcohol, and likelihood of re-offending that gave the lower the court the discretion to reject the plea and sentence him to the maximum term of imprisonment. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: March 1, 2024, Case #: 22-7041, Categories: Sentencing, Sex Offender, Plea
J. Briscoe finds that the lower court improperly denied immunity to police officials regarding wrongful death and excessive force claims from the family of a man who was killed by police while they were carrying out a warrant. Police are entitled to immunity because the evidence shows that deadly force was reasonable in this situation. Decedent was armed, repeatedly refused to comply with officers to drop his gun, and attempted to flee after telling officers several times he refused to be arrested. Reversed.
Court: 10th Circuit, Judge: Briscoe, Filed On: November 9, 2023, Case #: 22-1355, Categories: Wrongful Death, Police Misconduct
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. 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. 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
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J. Briscoe finds that the lower court properly convicted defendant of sexual abuse. The evidence was strong enough to pass muster and other jury-related errors defendant raises were ultimately harmless and do not call for reversal. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: June 9, 2023, Case #: 22-2039, Categories: Jury, Sex Offender