6 results for 'judge:"Matheson"'.
J. Matheson finds that the lower court properly convicted defendant of attempted enticement of a minor. Defendant claims there was not enough evidence to convict him and that the lower court improperly gave jury instructions related to "grooming." Even if the grooming instruction was removed, the jury still had enough evidence from which to find that defendant was attempting to entice a minor through graphic conversations and making travel arrangements to meet them. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: April 19, 2024, Case #: 22-5088, Categories: Child Victims, Jury Instructions
J. Matheson finds that the lower court properly tossed claims from environmentalists that sought to challenge a land management plan for the Rio Grande National Forest. Environmentalists claim that the plan did not properly take into consideration how it would effect the local lynx population, but the record shows that the government relied on all the proper logging and environmental impact data to make its findings that the plan would not have a significant negative impact on the local lynx. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: March 11, 2024, Case #: 23-1093, Categories: Environment, Agency
J. Matheson finds that the lower court properly convicted and sentenced defendant for assault. Defendant argues that the court improperly allowed certain testimony at trial, but the testimony in question was appropriate and offered up important medical expertise. Also, there is no evidence the jury's instructions injected prejudice against defendant. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: October 30, 2023, Case #: 22-5076, Categories: Assault, Witnesses, Jury Instructions
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. 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
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J. Matheson finds that the lower court improperly dismissed claims from environmental groups that sought to challenge the Upper Green River Area Rangeland project in Wyoming, alleging that the Forest Service did not properly consider how the project could influence grizzly bear populations, migratory birds and local fish. The record shows that the biological opinion from the Forest Service did not fully consider a limit on the lethal take of female grizzlies or look deep enough into how the project would contribute to their mortality sink rate. The matter is sent back to the government to address these shortcomings. Reversed in part.
Court: 10th Circuit, Judge: Matheson, Filed On: May 25, 2023, Case #: 22-8031, Categories: Environment, Agency