Tag: judge carolyn mchugh
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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”…
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Colorado Supreme Court signals possible intervention in lawsuit over climate change impacts
The Colorado Supreme Court signaled on Monday it may intervene in a lawsuit out of Boulder County seeking to make ExxonMobil liable for damages resulting from climate change, one of many ongoing attempts across the country to hold oil and gas producers accountable for the impacts of greenhouse gas emissions. Boulder County and the city of Boulder…
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10th Circuit upholds COVID fraud convictions of Colorado Springs-based doctor
The federal appeals court based in Denver agreed on Monday that jurors heard sufficient evidence to convict a doctor of fraudulently obtaining COVID-19 aid from the government and spending it on himself, not on his medical practice headquartered in Colorado Springs. Francis Joseph, the founder of Springs Medical Associates, argued prosecutors failed to prove he…