Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit denied a petition for a writ of mandamus filed by Dr. Darrell L. Whitman, ruling that the extraordinary writ cannot substitute for established statutory remedies. The court held that judicial intervention cannot override the Executive Branch's absolute discretion to prosecute crimes or compel specific employment actions.
The Tenth Circuit affirmed the dismissal of a challenge to a Shawnee, Kansas zoning ordinance that limits the number of unrelated people living together. The court held that the ordinance does not violate the Fourteenth Amendment rights to intimate association or equal protection under the controlling precedent of Village of Belle Terre v. Boraas.
The United States Court of Appeals for the Tenth Circuit dismissed this appeal due to a lack of prosecution by the appellant. The court issued an order stating that no further action will be taken on the case.
The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.
The Tenth Circuit affirmed the district court's denial of a motion to suppress evidence found in a vehicle, ruling that officers possessed probable cause to search the SUV. The court held that the totality of circumstances, including the smell of burnt marijuana, inconsistent travel stories, and the driver's nervousness, established a fair probability of finding contraband.
The United States Court of Appeals for the Tenth Circuit denied a petition for a writ of mandamus seeking to compel a district court ruling on a compassionate release motion. The court found the petition moot because the district court had already denied the motion three days after the petition was filed.
The Tenth Circuit affirmed a bankruptcy court ruling that unpaid salaries owed to former employees are nondischargeable in bankruptcy. The court held that the debtor forfeited a key statutory defense by failing to raise it in the lower court and failed to meet the high burden of proving plain error.
The Tenth Circuit affirmed the district court's confirmation of an arbitration award upholding the suspension of the U.S. Center for SafeSport's president. The court held that the arbitrator acted within the bounds of the SafeSport Code by relying on an investigative report and that the appellant failed to demonstrate misconduct or a fundamentally unfair hearing.
The Tenth Circuit affirmed Octavio Jimenez-Marquez's conviction for possessing firearms in furtherance of a drug-trafficking crime, finding the evidence sufficient under established factors. The court also rejected a constitutional vagueness challenge, clarifying that the 'in furtherance of' standard provides fair notice to defendants.
The United States Court of Appeals for the Tenth Circuit dismissed this appeal for lack of prosecution. The court denied all pending motions as moot and issued a mandate to the lower court.