Tag: judge gregory phillips
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10th Circuit orders new unlawful arrest trial against Colorado Springs officers
The Denver-based federal appeals court concluded on Friday that a trial judge inappropriately allowed jurors to see several unflattering video clips of a plaintiff being belligerent toward police officers during a trial to determine whether police violated her constitutional rights. Sasha Cronick pursued claims of unlawful search and arrest against Colorado Springs officers who handcuffed…
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10th Circuit concludes Army was justified in initially withholding Purple Heart to soldier
The Denver-based federal appeals court agreed last week that the U.S. Army was “substantially justified” in its initial decision to withhold the Purple Heart from an injured soldier, then reverse itself when new evidence surfaced during litigation. Joshua Savelkoul ultimately received the award nearly two decades after a sniper shot him in Iraq. But the…
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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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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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10th Circuit upholds violations, sanctions against Colorado Springs mental health hospital
The Denver-based federal appeals court agreed earlier this month that the government properly cited and penalized a Colorado Springs psychiatric hospital for failing to protect its staff from known risks posed by patients. The Occupational Safety and Health Administration inspected Cedar Springs Hospital in 2019. OSHA then issued a citation alleging that Cedar Springs violated…
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10th Circuit to address resentencing of probation violators in rare all-judges hearing
The Denver-based federal appeals court agreed on Thursday to hold a rare all-judges hearing to determine the proper procedure for resentencing a criminal defendant who has violated the terms of his probation. In the federal appellate courts, the vast majority of cases are decided in three-judge panels. Occasionally, the courts will vote to have all…
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10th Circuit judges recap do’s and don’ts for lawyers
Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
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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 rejects defendant’s theory for re-sentencing probation violators
The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…