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Tenth Circuit Blog

Case summaries and commentary by Federal defenders of the Tenth Circuit.
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Unpublished Decisions

Dec 9, 2009
U.S. v. Niedlinger, 2009 WL 4282839 (12/2/09) (unpub'd) - Showing a badge, pointing out the possession of the badge, stating that, because of the badge, the defendant would not be pushed around any more and demanding to see the mayor without an...

Stop Found to Be Unreasonable Where Cop Mistakenly Believed Dealer Plates were Improper

Dec 8, 2009
US v. Pena-Montes, -- F.3d --, 2009 WL 4547058 (10th Cir. 12/7/09) - Officer initiated traffic stop on reasonable belief that the vehicle lacked a license plate, but observed after pulling it over that the vehicle had a "dealer tag." The officer made a...

Time Computation, Other Changes in New Appellate Rules

Dec 1, 2009
As of today, December 1, among a few other changes, the hard work of the Time Computation Committee has finally come to fruition, doubtless leading to mass confusion for awhile to come. The Criminal Procedure and Appellate Procedure Rules have been...

Unpublished Decisions

Dec 1, 2009
Thomas v. Parker, 2009 WL 4042667 (11/23/09) (unpub'd) - The 10th affirms granting of habeas challenging the revocation of 30 days of good time credits for possession of contraband, i.e., a prayer cap. The prisoner alleged that the warden asked him to...

Search Warrant Not Stale, Supported by Probable Cause

Nov 17, 2009
US v. Potts, -- F.3d --, 2009 WL 3806681 (10th Cir. 11/16/09) - search warrant affidavit established probable cause to believe child porn would be found at Mr. Pott's residence. Witness who made report seemed credible and affidavit information was not...


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