Tag: 10th circuit
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10th Circuit upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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10th Circuit upholds regulator’s methodology for Tri-State exit fees
The Denver-based federal appeals court upheld a regulatory agency’s methodology for calculating the fee owed by entities seeking to withdraw from Tri-State Generation and Transmission Association last week. Tri-State is a Westminster-based cooperative that provides and transmits electricity to member utilities throughout neighboring states and to other customers. Tri-State enters into long-term service contracts in…
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Federal judge proposes sanctions against Mike Lindell’s lawyers for continued fake citations
A federal judge is once again pursuing sanctions against lawyers for MyPillow CEO Mike Lindell for continuing to cite to court cases that do not exist, likely based on the faulty output of artificial intelligence tools. Last year, a jury in Colorado awarded plaintiff Eric Coomer $2.3 million in damages against the defendants, Lindell and…
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10th Circuit warns lawyers after finding fake case in filing
The Denver-based federal appeals court warned attorneys to be more careful last month after discovering one lawyer cited a fake case in his arguments. In recent months, federal and state judges in Colorado have begun cautioning lawyers explicitly about the pitfalls of using generative artificial intelligence in legal filings without verifying the output. The Colorado…
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10th Circuit rules cognitively impaired man’s risk of lobotomy, mistreatment in Mexico not ‘torture’
The Denver-based federal appeals court concluded last month that a man’s risk of mistreatment or forced lobotomy in his native Mexico did not amount to “torture” that should shield him from deportation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that Javier Garcia-Botello’s request for protection under the Convention…
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Out-of-state judges address ex-discipline director’s lawsuit, Colorado justices accept federal invitation | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A pair of out-of-state judges got down to business in a lawsuit brought by Colorado’s former judicial discipline director, plus the state Supreme Court has accepted a federal judge’s invitation to answer a question about Colorado law. Heard on appeal…
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Federal judges rebuke ex-Colorado judicial discipline director for conduct in lawsuit
A pair of federal judges expressed a desire on Thursday to break the logjam on a lawsuit by Colorado’s former judicial discipline director against the state Supreme Court and related entities, while simultaneously showing little tolerance for the plaintiff’s scorched-earth tactics against the defendants and the judges themselves. “I will not be impressed or influenced…
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Federal judge refuses to authorize immediate appeal in World Cup trafficking lawsuit
A federal judge declined to authorize an immediate appeal last week of a prior decision allowing companies operating out of Colorado to be sued for allegedly participating in a human trafficking venture involving Filipino laborers who constructed facilities for the 2022 World Cup in Qatar. Occasionally, trial judges’ decisions are subject to mid-case, or “interlocutory,”…