Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit affirmed a conviction for sexually abusing a minor, ruling that the government had no duty to disclose rebuttal expert testimony before trial. The court held that this disclosure obligation under Federal Rule of Criminal Procedure sixteen only arises when the defense has timely disclosed the specific expert opinions the government seeks to counter.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a federal prisoner challenging his sentence. The court found that reasonable jurists would not debate the district court's rulings on the prisoner's Fourth Amendment and ineffective assistance claims.
The Tenth Circuit affirmed the denial of qualified immunity to a county manager who refused to read a public comment at a board meeting. The court held that the manager's refusal constituted viewpoint discrimination in a limited public forum.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to remand in a criminal case involving a sentence revocation. The court vacated the revocation sentence and dismissed the appeal.
The Tenth Circuit affirmed the denial of a motion to suppress evidence obtained from a search warrant. The court held that the affidavit provided probable cause to search the defendant's residence for drugs and firearms, rendering his challenge under Franks v. Delaware unnecessary.
The Tenth Circuit affirmed the denial of a motion to correct a clerical error in a criminal judgment. The court held that the requested change would constitute a substantive modification rather than a clerical correction under Federal Rule of Criminal Procedure thirty-six.
The United States Court of Appeals for the Tenth Circuit denied a petition for review seeking asylum and withholding of removal. The court upheld the denial of relief based on a statutory bar for serious nonpolitical crimes and a failure to prove a likelihood of torture upon return to Honduras.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a pro se legal malpractice complaint. The court held that the plaintiff waived her right to appellate review by failing to object to the magistrate judge's report and recommendation within the required timeframe.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of a citizen journalist's claims against police officers, ruling that the officers were entitled to qualified immunity.
The Tenth Circuit affirmed the conviction of a father for transporting his minor daughter across state lines with intent to engage in sexual activity. The court clarified that the statute requires proof of intent, not a dominant purpose, and held that unchallenged family testimony sufficed to prove the defendant was a non-Indian.