Tag: judge veronica rossman
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Judge approves injunction for Colorado Springs counselor after SCOTUS rules in conversion therapy case
A federal judge last week blocked Colorado from enforcing its restriction on conversion therapy for LGBTQ children against a Colorado Springs counselor, after both sides agreed that the state will not pursue professional disciplinary action while the case proceeds. The formalization of a preliminary injunction came days after one appellate judge argued that the Denver-based…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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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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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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Divided 10th Circuit orders pretrial release of defendant facing drug charges
The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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10th Circuit revives transgender detainee’s lawsuit against El Paso County sheriff
The federal appeals court based in Denver ruled on Wednesday that a transgender detainee at the El Paso County jail could proceed with her lawsuit against the sheriff and a deputy for alleged violations of her constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that several of…
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10th Circuit rejects immigration appeal of man fearful of forced enlistment into Russian war against Ukraine
The federal appeals court based in Denver rejected an appeal on Wednesday from a citizen of Russia and Georgia who fled to the U.S. rather than join Russia’s military invasion of Ukraine. Although the U.S. Court of Appeals for the 10th Circuit had not previously addressed an immigration appeal containing similar circumstances, a three-judge panel…
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Colorado attorney cannot deduct $300K racecar spending as business expense, 10th Circuit says
The federal appeals court based in Denver agreed on Monday that a Colorado attorney could not claim more than $300,000 in car racing expenditures as “ordinary and necessary” business expenses to be deducted from his taxes. The Internal Revenue Service began looking into the tax filings and non-filings of James W. Avery between 2008 and…
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By 2-1, 10th Circuit rejects request to block Colorado’s conversion therapy ban
Colorado’s 2019 ban on the provision of “conversion therapy” for LGBTQ children will remain in effect after the federal appeals court based in Denver declined on Thursday to block the law on constitutional grounds. Kaley Chiles, a licensed counselor in Colorado Springs, alleged the law violated her First Amendment rights and sought a preliminary injunction.…
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10th Circuit partially reinstates religious discrimination lawsuit of ex-Douglas County schools administrator
A former high school administrator may pursue his claims of religious discrimination against the Douglas County School District, the federal appeals court based in Denver ruled on Tuesday. Corey McNellis worked at Ponderosa High School for 14 years and was the athletic director and assistant principal at the time of his termination in October 2020. According…