Category Archives: Tenth Circuit

10th Circuit denies habeas relief in high-profile 1984 Utah murder case

Today, in Lafferty v. Benson, the Tenth Circuit (in an order signed by Judge Briscoe) denied a certificate of appealability in the high-profile murder case of Ron Lafferty, who was convicted of murdering his sister-in-law, Brenda Lafferty, and her fifteen-month-old … Continue reading

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10th Circuit: Sentence of imprisonment is final judgment although restitution issues remain open

Michelle Paup was convicted in a jury trial in federal magistrate court of theft of government property of less than $1,000 for shoplifting at an exchange store on an air force base in Colorado. She appealed to the district court, … Continue reading

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10th Circuit upholds $60M breach of contract verdict in natural gas pricing dispute

Antero Resources Company entered an eight-year contract to sell natural gas from the Marcellus Shale formation to South Jersey Gas Company. They agreed that South Jersey would pay a price in accord with a gas price index published by a … Continue reading

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10th Circuit: Prisoner who was victim of unprovoked assault by Denver sheriff’s deputy failed to allege Section 1983 municipal liability claim

Anthony Waller, a criminal defendant, was at a hearing in a courtroom inside the Denver city jail. He politely and calmly addressed the judge about his disagreement with the State’s case against him. Suddenly, a deputy sheriff spun Mr. Waller … Continue reading

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10th Circuit: Albuquerque city clerk and lawyers are immune from suit by failed mayoral candidate

Stella Padilla wanted to run for mayor of Albuquerque in 2018, but the city clerk, Natalie Howard, rejected her nominating petition. Padilla filed a suit in state district court asking for declaratory judgment that her petition was proper. During the … Continue reading

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10th Circuit has posted recordings of oral arguments from July 19, 2019

A panel of the Tenth Circuit heard six oral arguments in Santa Fe last week. The court heard five criminal cases, and one civil case involving qualified immunity. The Court has now posted recordings of those arguments here.

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10th Circuit revives lawsuit challenging Colorado’s Taxpayer Bill of Rights

Yesterday the Tenth Circuit added another chapter to the long-running saga of Kerr v. Hickenlooper, a lawsuit challenging Colorado’s Taxpayer Bill of Rights (TABOR). Colorado voters adopted TABOR via an initiative process in the early 1990s. TABOR requires voter approval … Continue reading

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10th Circuit adopts “tender rule” to determine when prisoner claims are subject to the PLRA’s exhaustion requirement

Billy May was in federal prison during an outbreak of scabies. The prison required all inmates to take Invermectin to address the problem, but May refused because he was allergic to it. The prison quarantined May in a special housing … Continue reading

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Tenth Circuit to hear oral arguments in Santa Fe next week

A panel of the Tenth Circuit will be hearing oral arguments in six cases at the federal courthouse in Santa Fe next Friday, July 19, beginning at 9 a.m. Here is the argument schedule. The panel consists of Chief Judge … Continue reading

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10th Circuit: Securities laws apply to fraud defendant’s sales to foreign customers

The SEC brought a civil enforcement action against Charles Scoville, a resident of Utah, and his company, Traffic Monsoon, alleging that they ran a Ponzi scheme which raked in tens of millions of dollars. About 90% of his customers were … Continue reading

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