Category Archives: Tenth Circuit

10th Circuit: Magistrate in one district can’t authorize search in another

by Emil J. Kiehne Posted on November 11, 2015

Federal agents suspected Zachary Krueger, who lived in Kansas, of distributing child pornography on the internet. They obtained a warrant from a magistrate judge in Kanasas for his home, but discovered that neither he nor his computer was at home. His roommate … Continue reading →

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U.S. Supreme Court will hear Little Sisters of the Poor case

by Emil J. Kiehne Posted on November 6, 2015

Today the Supreme Court of the United States agreed to hear the Little Sisters of the Poor’s challenge to the accommodation provision of the federal contraceptive mandate. The order list is here. In July, a panel of the Tenth Circuit rejected … Continue reading →

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10th Circuit: Master limited partnership has citizenship of all its unitholders for diversity purposes

by Emil J. Kiehne Posted on November 6, 2015

Earlier this week, the Tenth Circuit held that the citizenship of a master limited partnership for diversity jurisdiction purposes is that of all its unitholders, explaining that the Supreme Court’s decision in Carden v. Arkoma Associates, 494 U.S. 185 (1990) dictates … Continue reading →

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Former Sheriff Thomas Rodella loses appeal in Tenth Circuit

by Emil J. Kiehne Posted on November 4, 2015

Today the Tenth Circuit issued its decision in United States v. Thomas Rodella, affirming the convictions of the former Rio Arriba County (N.M.) sheriff arising from a road rage incident in which he threatened a young motorist with a firearm. Sheriff … Continue reading →

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10th Circuit: Bernalillo County deputies must face trial on excessive force claims

by Emil J. Kiehne Posted on October 23, 2015

In March 2013, the Maresca family — wife, husband, and three children — were returning from a hiking excursion in their red 2004 Ford-150 pickup truck when two Bernalillo County sheriff’s deputies pulled their vehicle over. The Marescas had not … Continue reading →

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Tenth Circuit hears arguments about Pojoaque Pueblo gambling pact

by Emil J. Kiehne Posted on October 2, 2015

On Monday of this week, the Tenth Circuit heard oral argument in State of New Mexico v. U.S. Department of the Interior, a case about Pojoaque Pueblo’s dispute with the State of New Mexico over its gambling pact. Dan Elliott has this … Continue reading →

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Tenth Circuit hears oral argument in former Sheriff Thomas Rodella’s road rage case

by Emil J. Kiehne Posted on October 1, 2015

On Tuesday, the Tenth Circuit heard oral argument in ex-Rio Arriba County Sheriff Thomas Rodella’s appeal from convictions stemming from a road rage incident, in which Rodella allegedly threatened a young motorist with a gun. KOB4 has this report of … Continue reading →

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City of Bloomfield asks 10th Circuit to allow it to display Ten Commandments

by Emil J. Kiehne Posted on October 1, 2015

It’s oral argument week at the Tenth Circuit, and Ivan Morena has this report at the Farmington Daily Times about yesterday’s oral argument in Felix v. City of Bloomfield, which was heard by Judges Robert Bacharach, David Ebel, and Carolyn … Continue reading →

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Tenth Circuit upholds Oklahoma death sentence

by Emil J. Kiehne Posted on September 16, 2015

The Bryan-College Station Eagle has this story about yesterday’s decision by the Tenth Circuit in Eizember v. Trammell, upholding a death sentence imposed against Scott Eizember as a result of a series of crimes he committed in 2003. Judge Neil … Continue reading →

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

by Emil J. Kiehne Posted on August 20, 2015

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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