Tag Archives: Judge Robert Bacharach

CA10: Defect in notice to appear for removal hearing was not jurisdictional

In Lopez-Muñoz v. Barr (opinion by Judge Bacharach), the petitioner argued that her notice of removal was defective because it failed to include the date and time of her immigration hearing (in a footnote, the Court states that she did … Continue reading

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CA10: District court should hold evidentiary hearing to determine whether trial counsel should have offered evidence of the defendant’s intellectual disability in death penalty case

Last week, the Tenth Circuit issued a 95-page opinion in Harris v. Sharp, a death penalty case from Oklahoma. The defendant went to his estranged wife’s workplace and fired gunshots, killing her boss, Merle Taylor. Diana Baldwin had this story … Continue reading

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CA10: Use of code words, and time spent with drug dealer, sufficient to support drug convictions

In United States v. Duran (opinion by Judge Bacharach), the Tenth Circuit upheld the defendant’s convictions for drug distribution offenses. The evidence was sufficient, although the government offered no direct evidence the defendant possessed cocaine. In telephone conversations with a … Continue reading

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10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading

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10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing

Last month, as I reported here, the Tenth Circuit affirmed the tax evasion convictions of Elizabeth Kupfer, who was a participant in the scandal involving the New Mexico Secretary of State’s office, which broke in 2010. Yesterday, it was her husband’s … Continue reading

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Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal

In 2010 a scandal involving the New Mexico Secretary of State’s office broke into the news. Several consultants for the office — Armando Gutierrez, Joseph Kupfer, and Elizabeth Kupfer — were indicted in federal court for misusing voter education funds … Continue reading

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Senate confirms Judge Robert Bacharach to the Tenth Circuit

The Blog of the Legal Times has this report on the Senate’s 93-0 vote to confirm U.S. Magistrate Judge Robert Bacharach to the Tenth Circuit.  Although Judge Bacharach’s nomination seems to have been uncontroversial, he still had to wait over 260 … Continue reading

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“Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election”

The BLT: The Blog of Legal Times has this report on the Senate’s vote yesterday to continue blocking the nomination of U.S. Magistrate Judge Robert Bacharach of Oklahoma to the Tenth Circuit. I don’t know much about Judge Bacharach, but he … Continue reading

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