Tag: judge carolyn mchugh
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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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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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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10th Circuit judges speak about AI, mechanics of oral argument
Three members of the Denver-based federal appeals court spoke to lawyers on Monday about key considerations when arguing their cases, as well as the potential role artificial intelligence will play in judging. “Broadly speaking, we don’t have really a choice at this point as to whether or not technology’s gonna evolve towards greater use of…
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4 federal judges in Colorado advocate for Congress to create new judgeships
Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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10th Circuit clears path for Colorado’s increased firearms purchasing age to take effect
The federal appeals court based in Denver cleared the way on Tuesday for a 2023 Colorado law to take effect that will generally raise the age limit for purchasing firearms to 21. Senate Bill 169 was originally intended to take effect in August of last year, creating a misdemeanor offense for those who sell guns to…
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How a Harris or Trump presidency might shape Colorado’s federal courts
In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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10th Circuit dismisses constitutional challenge to Colorado’s charitable solicitation law
The federal appeals court based in Denver dismissed a constitutional challenge to a portion of Colorado’s law governing paid nonprofit solicitors, determining on Friday that the lawsuit against Secretary of State Jena Griswold was now moot. Colorado’s legislature enacted the Charitable Solicitations Act after finding fraudulent solicitations on behalf of charities were a “widespread practice”…