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Court of Appeals for the Tenth Circuit Court Cases
Van Deelen v. Johnson (2007)Michael D. Van Deelen alleges that the Board of County Commissioners of Douglas County, Kansas, as well as five county officials, violated his First Amendment rights by seeking to threaten and intimidate him into dropping various tax assessment challenges. The United States District Court for the District of Kansas, in reliance on a number of its prior holdings, granted summary judgment for the defendants on the basis that Mr. Van Deelen's tax challenge was not a matter of "public concern." We [...]
Court: Court of Appeals for the Tenth Circuit Docket: 06-3305
Michael Kimmel, Attorney, Appellate Staff Civil Div. (Richard K. Willard, Asst. Atty. Gen., Robert N. Miller, U.S. Atty., and William Kanter, Attorney, Appellate Staff Civil Div., with him on the brief), Dept. of Justice, Washington, D.C., for defendant-appellant.
Court: Court of Appeals for the Tenth Circuit Docket: 86-2480
No. 90-1166 (1992)This case involves a bystander's claim against the City and County of Denver and several Denver police officers for injuries sustained when the bystander was struck by a suspected felon during a high speed automobile chase. The district court found that the bystander did not state a claim under 42 U.S.C. § 1983 because he did not demonstrate that "the police conduct was directed toward him," and therefore the court granted summary judgment for the defendants. We affirm the [...]
Court: Court of Appeals for the Tenth Circuit Docket: 1493
Bronson v. Swensen (2007)Plaintiffs-Appellants J. Bronson, G. Cook, and D. Cook ("plaintiffs") subscribe to the religious doctrine of polygamy. G. Cook is married to D. Cook. G. Cook and J. Bronson filed an application for a marriage license, and Defendant-Appellee Sherrie Swensen ("Swensen"), the Clerk for Salt Lake County, Utah, refused to issue the marriage license. Plaintiffs subsequently brought a civil rights action under 42 U.S.C. § 1983, alleging that Swensen's refusal to issue the marriage license violated [...]
Court: Court of Appeals for the Tenth Circuit Docket: 05-4161
This is an appeal from the district court's grant of summary judgment to the Defendant-Appellee City of Aurora ("the City") on Plaintiff-Appellant Ofelia Randle's ("Randle") claims of employment discrimination under 42 U.S.C. Sec. 2000e-2(a)(1) ("Title VII")1 as well as under 42 U.S.C. Sec. 19832 and 42 U.S.C. Sec. 1981.3 In this appeal, we first review the district court's ruling that the City neither maintained a custom of discriminatory employment practices nor granted sufficient [...]
Court: Court of Appeals for the Tenth Circuit Docket: 94-1137
Kendrick v. Penske Logistics (2000)Plaintiff-Appellant Wayne R. Kendrick ("Kendrick") was formerly an employee of Defendant-Appellee Penske Transportation Services, Inc. ("Penske"). Penske terminated Kendrick from his position as a Penske truck driver in March 1997. Kendrick brought an action in United States District Court for the District of Kansas pursuant to 42 U.S.C. § 1981 alleging discriminatory discharge on the basis of race and retaliation for the filing of various complaints with management and for the [...]
Court: Court of Appeals for the Tenth Circuit Docket: 99-3160
Dockins v. Hines (2004)Petitioner Vernice L. Dockins ("Petitioner") was convicted in Oklahoma state court of Second Degree Burglary and Possession of Drug Paraphernalia, for which he was sentenced to thirty-eight years' imprisonment and one year and a $1,000 fine, respectively. Petitioner appealed his conviction to the Oklahoma Court of Criminal Appeals (OCCA), asserting claims based on flaws in the jury instructions at his trial, insufficiency of evidence, improper sentencing, and ineffective assistance of [...]
Court: Court of Appeals for the Tenth Circuit Docket: 04-6030
Morgan v. Hilti, Inc. (1997)Plaintiff-Appellant Tanya Morgan filed this suit against defendant-appellee Hilti, Inc. alleging that Hilti discriminated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, by terminating her employment for the allegedly pretextual reason of excessive absenteeism. She further claimed that the termination was in retaliation for filing a charge of disability discrimination with the Equal Employment Opportunity Commission (EEOC), in [...]
Court: Court of Appeals for the Tenth Circuit Docket: 96-5111
Yang v. Archuleta (2008)Steve Yang, a Colorado state prisoner appearing pro se, seeks to proceed in forma pauperis (ifp) on appeal and requests this Court to grant a certificate of appealability (COA). He claims the district court erred in dismissing his 28 U.S.C. § 2254 habeas corpus petition as untimely. Yang contends the limitations period is subject to equitable tolling due to the lack of legal materials in his first language, Hmong, and the unavailability of a translator. We grant Yang's request to proceed [...]
Court: Court of Appeals for the Tenth Circuit Docket: 07-1459
This is Defendant Lewis Aaron Cook's second appeal to this Court following denial of his 28 U.S.C. Sec. 2255 motion. In 1990, Defendant was convicted of drug-related charges in federal court and sentenced to concurrent prison terms of 262 months and 240 months. We affirmed Defendant's conviction and sentence on direct appeal. See United States v. Cook ("Cook I"), 949 F.2d 289 (10th Cir.1991). Thereafter, Defendant filed a Sec. 2255 motion alleging in pertinent part: (1) his attorney [...]
Court: Court of Appeals for the Tenth Circuit Docket: 94-5007
Jill M. Wichlens (Michael G. Katz, Federal Public Defender, with her, on the briefs), Asst. Federal Public Defender, Denver, CO, for defendant-appellant in No. 93-3389.
Court: Court of Appeals for the Tenth Circuit Docket: 94-3026
William Tinker (Quentin E. Kurtz and John E. Angelo with him on the brief), McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan., for defendants-appellees Garland Campbell, M.D., Bruce G. Smith, M.D., Stephen Smith, M.D., David K. Ross, M.D., and Edgar D. Hinshaw, M.D.
Court: Court of Appeals for the Tenth Circuit Docket: 84-2006
In Re David L. Smith (1993)Respondent was ordered to show cause why he should not be fined, disbarred or otherwise disciplined for filing frivolous appeals in numbers 93-1070 and 93-1139, Deherrera v. Denver, 7 F.3d 1044 (10th Cir.1993) after the entry of this court's orders in Sandlin v. Canady (In re Canady), 993 F.2d 1551 (10th Cir.1993) and Dunkin v. Louisiana-Pacific Corp., Nos. 92-1230 & 92-1381 (10th Cir. February 11, 1993), cert. denied, --- U.S. ----, 114 S.Ct. 87, 126 L.Ed.2d 54 (1993) and for filing [...]
Court: Court of Appeals for the Tenth Circuit Docket: 93-631
Leslie M. Maye, Assistant United States Attorney (Patrick M. Ryan, United States Attorney, with her on the brief), Oklahoma City, Oklahoma, for Plaintiff-Appellant.
Court: Court of Appeals for the Tenth Circuit Docket: 94-6131
This appeal involves the proper application of the new one-year statute of limitations for habeas corpus petitions under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, § 101, 110 Stat. 1321 (codified at 28 U.S.C.A. §§ 2244(d)(1)--(d)(2) (West Supp.1998)). Because the district court failed to apply the statutorily prescribed tolling provision in 28 U.S.C.A. § 2244(d)(2), we grant the appellant's request for a certificate of appealability [...]
Court: Court of Appeals for the Tenth Circuit Docket: 97-6383
McKnight v. Kimberly-Clark (1998)
Denise Cotter Villani, McFall Law Firm, Dallas, Texas and Michael Clark Redman, Doerner, Saunders, Daniel & Anderson, Tulsa, Oklahoma (Shelly L. Dalrymple, Doerner, Saunders, Daniel & Anderson, Tulsa, Oklahoma, John E. McFall, and Steven L. Rahhal, McFall Law Firm, Dallas, Texas with them on brief), for Defendant-Appellee.
Court: Court of Appeals for the Tenth Circuit Docket: 97-5179
Randall K. Rathbun, United States Attorney, Jackie A. Rapstine, Assistant United States Attorney (Frank V. Smith III, Chief Counsel, Region VII, Kristi A. Schmidt, Assistant Regional Counsel, Kansas City, Missouri, of Counsel), Topeka, Kansas, for Defendant-Appellee.
Court: Court of Appeals for the Tenth Circuit Docket: 95-3128
Wallace Hooks appeals his conviction of possession with intent to distribute phencyclidine (PCP), a controlled substance. He challenges the sufficiency of the evidence and claims that certain remarks made by the prosecutor during closing arguments constitute plain error. Appellant also contends that the trial court's failure to exclude certain prejudicial testimony on its own motion requires reversal of his conviction.
Court: Court of Appeals for the Tenth Circuit Docket: 84-2709
United States v. Wilson (1997)A jury convicted defendant-appellant Franchie D. Wilson on three counts of possession of a firearm or ammunition by a convicted felon in violation of 18 U.S.C. § 922(g); one count of possession with intent to distribute, or aiding or abetting the distribution of, approximately five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2; and one count of unlawfully carrying or using, or aiding or abetting the carrying or using of, a firearm in relation [...]
Court: Court of Appeals for the Tenth Circuit Docket: 96-3062
United States v. Dazey (2005)
COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED David W. Lee, Comingdeer, Lee & Gooch, Oklahoma City, OK, for Defendant-Appellant Dennis Dean Dazey.
Court: Court of Appeals for the Tenth Circuit Docket: 03-6187