Court of Appeals for the Tenth Circuit Court Cases

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  1. Kenneth E. Hall, Jr. v. Henry Bellmon (1991)

    Pro se plaintiff Kenneth E. Hall, Jr. appeals the district court's dismissal of his claim that the policies and procedures of the Lexington Assessment and Reception Center (LARC), as well as the actions of LARC employees, violated his First Amendment right to free exercise of religion. He contends that the district court applied the wrong legal standards in dismissing his case, improperly relied on evidence not in the pleadings, and failed to give proper notice and opportunity for [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 90-6326
  2. 21 soc. sec. rep. ser. 337 v. Otis R. Bowen (1988)

    Jeffrey C. Blair, Asst. Regional Counsel, Dept. of Health and Human Services, Denver, Colo. (Ronald S. Luedemann, Chief Counsel, Thomas A. Nelson, Jr., Deputy Chief Counsel, Dept. of Health and Human Services, Denver, Colo., Richard A. Stacy, U.S. Atty., and Carol A. Statkus, Asst. U.S. Atty., D. Wyo., with him on the brief), for defendant-appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 86-2353
  3. United States v. Hahn (2004)

    David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 01-2301
  4. United States v. Kristl (2006)

    COPYRIGHT MATERIAL OMITTED Scott T. Varholak, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender for the District of Colorado, Denver, CO, appearing for Appellant.


    Court: Court of Appeals for the Tenth Circuit Docket: 05-1067
  5. United States v. George Don Galloway (1995)

    We granted in banc review in this case in part to review procedures in this circuit for asserting constitutionally ineffective assistance of counsel claims. In this context we must decide whether an ineffectiveness claim supported by new grounds is procedurally barred in a petitioner's first collateral proceeding under 28 U.S.C. Sec. 2255, when the issue of ineffectiveness has already been raised and adjudicated on direct appeal. The panel opinion in this case so held. United States v. [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 93-4169
  6. Simms v. State of Oklahoma (1999)

    Penny Broughton McCracken, Deputy General Counsel (Craig Sutter, General Counsel, on the answer brief), Department of Mental Health and Substance Abuse Services, Oklahoma City, Oklahoma, appearing for Defendant-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 97-6366
  7. United States v. Gonzalez-Huerta (2005)

    COPYRIGHT MATERIAL OMITTED Demetra Lambros, United States Department of Justice, Criminal Division, Washington, D.C. (David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, NM, with her on the briefs), for Plaintiff-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 04-2045
  8. In Re Donald Dean Walker v. Kenneth G.M. Mather, Trustee (1992)

    At issue in this case is whether Plaintiff-appellee Donald Dean Walker's (Debtor) individual retirement annuities (IRA's) and Keogh annuities should be included as property of his bankruptcy estate, and, if included, whether the annuities are subject to exemption from the estate pursuant to the relevant Oklahoma exemption statutes.1 Under the Bankruptcy Code, virtually all property in which a debtor has a legal or equitable interest at the commencement of the case is included in the [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 90-5171
  9. Adler v. Wal-Mart Stores, Inc (1998)

    Plaintiff-Appellant Darla Adler appeals from summary judgment granted in favor of Defendant-Appellee Wal-Mart Stores, Inc. on her Title VII claim for hostile work environment sexual harassment and her state claim for intentional infliction of emotional distress. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.


    Court: Court of Appeals for the Tenth Circuit Docket: 97-1026
  10. Montez v. McKinna (2000)

    After examining petitioner Lorenzo Montez's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.


    Court: Court of Appeals for the Tenth Circuit Docket: 99-1347
  11. Marcus Allan McIntosh v. United States Parole Commission (1997)

    Petitioner Marcus A. McIntosh, a federal inmate proceeding pro se, appeals the district court's dismissal of his petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241.1 He challenges the decision of the United States Parole Commission (USPC) revoking his parole. He also seeks to proceed on appeal in forma pauperis. We grant the petition to proceed on appeal in forma pauperis, and we affirm.2

    Court: Court of Appeals for the Tenth Circuit Docket: 96-1221
  12. Miller v. Marr (1998)

    Mr. Miller, an inmate, appeals from the dismissal of his habeas corpus petition, 28 U.S.C. § 2254. Upon recommendation of the magistrate judge, the district court dismissed the action as untimely under the one-year limitation period contained in 28 U.S.C. § 2244(d)(1), enacted under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214. He now appeals, conceding that the petition was filed beyond the time limit in § [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 97-1380
  13. 44 soc. sec. rep. ser. 561 v. Secretary of Health (1994)

    Plaintiff George Castellano appeals from an order of the district court affirming the Secretary's decision denying him Social Security disability benefits. We affirm.1


    Court: Court of Appeals for the Tenth Circuit Docket: 93-2288
  14. Kathy L. Kaul v. Robert T. Stephan (1996)

    Deanne Watts Hay, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS (Martha A. Peterson, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, with her on the brief), for Defendant-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 94-3428
  15. 33 soc. sec. rep. ser. 425 v. Secretary of Health & Human Services (1991)

    William L. Lutz, U.S. Atty., Ronald F. Ross, Asst. U.S. Atty., Dist. N.M., Albuquerque, N.M., Gayla Fuller, Chief Counsel, Region VI, Karen J. Sharp, Chief, Social Sec. Branch, and Randal S. Finch, Asst. Regional Counsel, Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, Dallas, Tex., for defendant-appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 90-2246
  16. Kenneth Ray Meade v. Grubbs (1988)

    Charles S. Rogers, Asst. Dist. Atty., Oklahoma City, Okl. (Robert H. Macy, Dist. Atty., Oklahoma City, Okl., was also on the brief) for defendants-appellees Grubbs, Sharp, Buchanan, Darrell, Snyder, and Bd. of Com'rs of Oklahoma County.


    Court: Court of Appeals for the Tenth Circuit Docket: 84-2631
  17. Ledbetter v. City of Topeka, KS (2003)

    The plaintiff, Joseph Ledbetter, filed this pro se civil rights action against the City of Topeka, Kansas and certain of its officials, alleging that the defendants violated the Fourth Amendment by arresting him on an invalid warrant and unlawfully searching his backyard. Mr. Ledbetter also alleged violations of his First Amendment rights and his right to be free from cruel and unusual punishment. The district court first dismissed all of Mr. Ledbetter's claims against the individual [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 02-3202
  18. United States v. Christopher Simmonds (1997)

    Jackie N. Williams, United States Attorney, District of Kansas; Tanya J. Treadway, Assistant United States Attorney, District of Kansas; David S. Kris, Department of Justice, Washington, DC, for Plaintiff-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 96-3287
  19. Martinez v. Aaron (1978)

    This was commenced as an action under 42 U.S.C. § 1983, brought by twelve inmates of the New Mexico State Penitentiary. The complaint asserts the theft and confiscation of described personal property of the plaintiffs by the defendant correctional officers during the course of a routine shakedown. The shakedown or search was of a dormitory in the prison occupied by a considerable number of prisoners including the plaintiffs. The shakedown and stealing are also advanced as [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 77-1395
  20. United States v. Luis Anthony Rivera (1990)

    Mervyn Hamburg, Appellate Section, Criminal Div., U.S. Dept. of Justice, Washington, D.C. (Roger Hilfiger, U.S. Atty., E.D.Okl., and Paul Hess, Asst. U.S. Atty., E.D.Okl., with him on the brief), for plaintiff-appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 85-1768

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