United States Court of Appeals for the Tenth Circuit

DERRICK DUANE BARKER v. CITY OF WEATHERFORD EX REL WEATHERFORD POLICE DEPARTMENT; RYAN HETHERINGTON; SEAN LANIER; NORMANDO GUYTON; DYLAN OWENS; DEREK BECK; CHASE MURLEY; JUSTIN...

The Tenth Circuit affirmed summary judgment for police officers in a Fourth Amendment excessive force case, holding they were entitled to qualified immunity. The court found the officers' use of force was objectively reasonable because the plaintiff remained actively resistant even after being tased.

UNITED STATES OF AMERICA v. EBUBE OTUONYE

The Tenth Circuit affirmed the district court's partial denial of a habeas motion, holding that ineffective assistance of counsel regarding jury instructions on controlled substances did not prejudice a defendant's separate healthcare fraud convictions. The court reasoned that the fraud charges relied on distinct evidence and legal elements unrelated to the intent required for distributing controlled substances.

NAOMI KEHL v. TONY LEBLANC; WESTMINSTER COLLEGE

The Tenth Circuit affirmed the dismissal of a Title IX and Fourteenth Amendment lawsuit because the plaintiff failed to prosecute the case after her attorneys withdrew. The court held that the plaintiff forfeited appellate review of the underlying dismissal by not filing a timely motion to vacate.

United States of America v. Scott Vangoethen

The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Scott Vangoethen following his guilty plea. The court granted the government's motion to enforce an appeal waiver contained within Vangoethen's plea agreement.

UNITED STATES OF AMERICA v. JOHN BENJAMIN THORNTON

The Tenth Circuit affirmed the revocation of John Benjamin Thornton's supervised release after he failed to report to his probation office in New Mexico as ordered. The court held that unverified gang threats do not excuse a defendant's non-compliance with mandatory reporting conditions when the probation officer has already investigated and rejected the allegations.

UNITED STATES OF AMERICA v. CHRISTIAN MATTHEW COLE

The Tenth Circuit affirmed Christian Cole's 240-month prison sentence, rejecting his challenges to a sentencing enhancement and the reasonableness of the term. The court held that the district court properly applied the firearm enhancement and that the downward variance was justified by Cole's specific circumstances.

DERRICK DEWAYNE PARKER v. JUDGE PERRY HUDSON; BENJAMIN HARTMAN; TIARA MCMINN; PHILLIP MARTIN; ELIAS RIVERA; TANNER FERRELL; JUSTIN HATCHER; TYLER HEAD; JERMAINE MCCULLUM; CHARLE...

The Tenth Circuit affirmed the dismissal of Derrick Dewayne Parker's civil rights lawsuit, ruling that his claims challenging his criminal conviction were barred because the conviction remained valid. The court further held that judges and prosecutors were protected by absolute immunity, and other allegations failed to state a plausible constitutional violation.

STEVEN LEE ADAIR v. CHRIS RANKINS, Warden

The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability and dismissed an appeal filed by a state prisoner challenging the timeliness of his habeas petition. The court held that the petitioner's jurisdictional challenge was subject to the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act.

UNITED STATES OF AMERICA v. JUAN CARLOS HUERTA-TORRES

In re: MICHAEL JOSEPH ROBERTS SR. Debtor. ------------------------------ MICHAEL JOSEPH ROBERTS, SR v. HARVEY SENDER, Chapter 7 Trustee; PDC, LLC; TIMOTHY FLAHERTY; TIMOTHY KNEE...