Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit denied Matthew Hollenbeck's request to file a second or successive habeas corpus petition because the legal authorities he relied upon were already available when his first petition was filed. The court held that these authorities did not constitute a new rule of constitutional law made retroactive by the Supreme Court.
The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's dismissal of a Chapter 13 case with prejudice after the debtor violated the terms of a prior Agreed Judgment. The court held that the debtor waived arguments regarding the validity of the settlement and due process by failing to raise them timely or adequately on appeal.
The Tenth Circuit affirmed summary judgment for insurance companies, holding that a motorcycle accident was plainly excluded from coverage under the applicable policies. The court rejected the argument that conflicting policy exceptions created an ambiguity, finding the exclusions operated independently under Colorado law.
The Tenth Circuit dismissed Marlon Alonzo Smith's appeal because he failed to obtain a required certificate of appealability. The court held that Smith's motion to update his presentence report was an unauthorized second or successive habeas petition that the district court lacked jurisdiction to hear.
The Tenth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no meritorious issues. The court conducted an independent review and found the defendant's challenges to his guilty plea and sentence were wholly frivolous.
The Tenth Circuit granted a stipulation to voluntarily dismiss an appeal filed by multiple states against the U.S. Department of Education. The court dismissed the case with each party bearing its own costs, leaving the underlying district court judgment in place.
The Tenth Circuit affirmed the district court's dismissal of Adam Strege's complaint without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court also denied Strege's request to proceed in forma pauperis, characterizing his appeal as frivolous.
The Tenth Circuit affirmed a 120-month prison sentence for a felon in possession of a firearm, ruling that the district court acted within its discretion to impose an upward variance. The court held that the defendant's pattern of escalating domestic violence and threats against police provided a cogent justification for the sentence despite the advisory guidelines range.
The Tenth Circuit dismissed this appeal as moot because the underlying tribal criminal charges against Kandra Amboh concluded with a not guilty verdict. Consequently, no live controversy remained for the federal court to resolve regarding her detention.
The Tenth Circuit affirmed Ryan Carl Lowmaster's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge as foreclosed by binding circuit precedent. The court relied on its prior decision in Vincent v. Garland, which was readopted after the Supreme Court denied certiorari on the matter.