ABA Journal

10th Circuit Court

231 ABA Journal 10th Circuit Court articles.

Judicial discretion should be upheld in case involving sentencing standards, ABA says in amicus brief

The ABA has filed an amicus brief with the U.S. Supreme Court to support the argument that federal criminal statutes do not require a New York defendant who was convicted for his role in a murder related to drug trafficking to be sentenced to mandatory consecutive sentences.

Federal appeals court strikes down ATF rule banning rapid-fire bump stocks

Updated: The en banc 5th U.S. Circuit Court of Appeals at New Orleans has struck down a Trump administration ban on bump stocks, which are used to accelerate gunfire on semi-automatic weapons.

Listen to our 10 favorite podcast episodes of 2022

Looking for a new listen? We've picked our favorite 2022 episodes from each of the ABA Journal's three podcasts. And if this whets your appetite, find more than 10 years of past episodes on our podcast page. You can also check out more legal podcasts from our partners at Legal Talk Network.

Lawyer who missed deadline after spending 25 minutes trying to file ECF document gets no mercy from 10th Circuit

A lawyer has failed to persuade a federal appeals court that his missed deadline should be excused because of his difficulty filing a complaint with an electronic case filing system.

Ordinance banning pit bulls in city limits didn’t violate dog owners’ constitutional rights, 8th Circuit rules

A federal appeals court has upheld a Council Bluffs, Iowa, ordinance that bans pit bulls within city limits.

Supreme Court won’t hear appeal seeking to overturn insular cases

The U.S. Supreme Court on Monday denied certiorari in an appeal seeking to overturn the insular cases, a series of cases decided in the early 1900s that limited constitutional protections for people in some U.S. territories.

Federal magistrate judge isn’t reappointed amid probe into alleged abusive environment

A federal magistrate judge in New Mexico won’t be serving another term amid a probe into allegations that she created an abusive and hostile work environment. Federal judges voted against the reappointment of U.S. Magistrate Judge Carmen E. Garza before completion of the probe, according to a Sept. 14 order.

SCOTUS should uphold long-standing precedent in case involving objection to same-sex marriage, ABA says

The ABA is urging the U.S. Supreme Court to again reject arguments by private businesses that claim First Amendment exemptions from laws that prohibit discrimination in the provision of public accommodations.

10th Circuit strikes down ban on encouraging or inducing a noncitizen to come to US illegally

A federal appeals court has struck down as overbroad a provision of a law that makes it a crime to encourage or induce a noncitizen to enter or reside illegally in the United States.

Student expelled for offensive Snapchat post can sue school district, 10th Circuit says

A federal appeals court has ruled a Colorado high-school student can sue over his one-year expulsion for an off-campus, offensive Snapchat post.

Federal court officials can be sued for alleged failure to protect public defender from sex bias, 4th Circuit rules

A federal appeals court ruled Tuesday that a former assistant federal public defender in North Carolina can sue court officials for constitutional violations stemming from an alleged faulty investigation of sexual harassment.

Supreme Court won’t hear challenges to mandatory state bars

The U.S. Supreme Court on Monday declined to hear challenges to mandatory state bar associations in Michigan, Oklahoma and Texas.

SCOTUS should not restrict counsel’s investigations in death penalty cases, ABA says

In an amicus brief filed Monday, the ABA urged the U.S. Supreme Court to reaffirm that counsel representing habeas petitioners should be able to investigate new evidence without first proving that the evidence will provide relief to their clients.

Supreme Court will decide whether web designer has free speech right to refuse service for same-sex weddings

The U.S. Supreme Court has taken up the case of a web designer who contends that she has a First Amendment right to refuse to provide online service for same-sex weddings.

Need to sharpen your legal writing? 10th Circuit Court judge shares his tips

There's plenty of conventional wisdom about what makes a good legal brief or court opinion. Judge Robert E. Bacharach of the Denver-based 10th U.S. Circuit Court of Appeals says when judges socialize, their conversations often devolve into discussions about language and pieces of writing that they enjoy or revile.

Read more ...