Tag: judge jerome holmes
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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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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 considers second round of sanctions against ex-Colorado judicial discipline director
A federal judge ordered Colorado’s former judicial discipline director on Tuesday to explain why she should not sanction him a second time for filing documents for improper purposes, such as harassment or delay. U.S. District Court Senior Judge Kathryn H. Vratil is already scheduled to hear arguments and evidence on Thursday about potential misrepresentations made…
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Federal judge to consider sanctioning ex-Colorado judicial discipline director
A federal judge ordered Colorado’s former head of judicial discipline on Wednesday to explain why she should not sanction him for making inaccurate statements about the defendants in his lawsuit against the Colorado Supreme Court and related entities. U.S. District Court Senior Judge Kathryn H. Vratil indicated she will hear arguments and evidence next Thursday…
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10th Circuit upholds finding of no misconduct against Colorado federal judge
A judicial committee for the Denver-based federal appeals court upheld the chief judge’s finding last week that a federal judge in Colorado did not engage in misconduct by handling a civil case involving other attorneys and judges in the state. Ordinarily, misconduct proceedings against federal judges provide anonymity to the complaining party and the subject…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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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 grants immunity to Grand Junction, Mesa County officers who fatally shot man 16 times
The federal appeals court based in Denver ruled last week that Grand Junction and Mesa County law enforcement officers could not be held liable for shooting and killing an allegedly mentally ill man in his driveway. The widow of Steve Alire sued multiple officers, plus the city and county themselves, for excessive force. The defendants…
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10th Circuit’s chief judge dismisses misconduct complaint against judge for presentations to political group
The chief judge of the federal appeals court based in Denver has dismissed a misconduct complaint against an unidentified judge who admitted to committing an ethics violation by speaking to a “politically affiliated club.” The U.S. Court of Appeals for the 10th Circuit hears appeals in federal cases arising from Colorado, Oklahoma, Utah, Kansas, New…
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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…