Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The United States Court of Appeals for the Tenth Circuit granted a stipulation filed by the parties to dismiss the appeal. Each party was ordered to bear its own costs in this immigration-related civil matter.
The Tenth Circuit affirmed summary judgment for law enforcement officers in a wrongful death case, ruling that their failure to intervene during a deadly standoff did not violate the victim's constitutional rights. The court held that the officers were not liable under federal civil rights law or state tort law because they did not create the danger and were physically prevented from acting by the shooter's active fire.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Ronald Satish Emrit against multiple defendants. The dismissal was issued due to a lack of prosecution by the appellant.
The Tenth Circuit held that defense counsel violated the Sixth Amendment by failing to advise a defendant that his guilty plea to a drug offense would result in practically inevitable deportation. The court reversed the district court's denial of the habeas motion and remanded for a determination of prejudice.
The United States Court of Appeals for the Tenth Circuit granted a stipulation filed by the parties to dismiss the appeal. Each party was ordered to bear its own costs in the matter.
The Tenth Circuit reversed a conviction, ruling that the Fourth Amendment does not permit a protective sweep of a vehicle based solely on a passenger's romantic relationship with an arrested driver. The court held that the government's reliance on this association constituted an impermissible criminality-by-association test rather than a valid totality-of-circumstances analysis for reasonable suspicion.
The United States Court of Appeals for the Tenth Circuit dismissed a habeas corpus petition filed by Kelly Miles Finnessey. The dismissal was issued due to a lack of prosecution by the petitioner.
The Tenth Circuit denied a certificate of appealability and dismissed Eric Fernandez's federal habeas petition because it was filed after the one-year statute of limitations expired. The court held that Fernandez failed to exercise due diligence in discovering that his counsel had not filed a necessary motion to withdraw his plea, which triggered the finality of his conviction.
The United States Court of Appeals for the Tenth Circuit administratively closed an appeal that was inadvertently transmitted to it by the district court. The court corrected a clerical error after the district court properly filed the notice of appeal with the United States Court of Appeals for the Federal Circuit.
The Tenth Circuit affirmed the district court's denial of a pro se prisoner's motion to reopen a dismissed civil rights lawsuit under Federal Rule of Civil Procedure 60(b). The appellate court found no abuse of discretion where the plaintiff repeatedly failed to amend a deficient complaint or respond to court orders over a period of nearly ten months.