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United States Tenth Circuit - February 2004 Opinion Summaries

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Description Date Docket #

US v. RICE

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
Defendant's motion to suppress was properly denied; the affidavit detailed a number of e-mails, sent to his account, providing access to websites...
02/26/2004 02-6401

SANTANA v. CITY OF TULSA

United States Tenth Circuit
Constitutional Law, Government Law, Injury & Tort Law, Property Law & Real Estate
As long as procedural due process standards are met and no unreasonable municipal actions are shown, a nuisance abatement action does not violate the...
02/25/2004 03-5056

US v. BARAJAS-CHAVEZ

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure, Immigration Law
Defendant's motion to dismiss the indictment was properly denied, because no testimony by the voluntarily departed, potential witnesses could possibly...
02/25/2004 03-2059

TRUCK INS. EXCH. v. MAGNETEK, INC.

United States Tenth Circuit
Evidence, Injury & Tort Law, Insurance Law, Product Liability
Because no expert testimony showed that the flourescent light fixture component manufactured by defendant can reach temperatures sufficient to ignite...
02/25/2004 03-1026

WIRSCHING v. STATE OF COLORADO

United States Tenth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
There is no merit to prisoner's claims that prison officials violated his constitutional rights by directing him to participate in a sexual offender...
02/19/2004 00-1437

GARCIA v. INT'L ELEVATOR CO.

United States Tenth Circuit
Civil Procedure, Injury & Tort Law, Product Liability
Kansas district court erred in applying the Texas saving statute to dismiss an injury claim arising from the collapse of a man lift in Freeport,...
02/18/2004 03-3050

SALEHPOOR v. SHAHINPOOR

United States Tenth Circuit
Civil Rights, Constitutional Law, Education Law, Labor & Employment Law
Plaintiff, a former doctoral candidate at the University of New Mexico, failed to show that he was deprived of his constitutional rights concerning...
02/18/2004 02-2314

BROOMES v. ASHCROFT

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Immigration Law
Habeas petitions filed by two lawful permanent residents, alleging ineffective assistance of counsel for their attorneys' failure to advise them of...
02/17/2004 02-6419, 03-1063

EMPLOYERS REINSURANCE CORP. v. MID-CONTINENT CAS. CO.

United States Tenth Circuit
Attorney's Fees, Contracts, Injury & Tort Law, Insurance Law
Remanded for further proceedings to resolve whether insureds' attorney fees and expenses incurred in declaratory judgment actions constitute "loss"...
02/17/2004 02-3274, 02-3291

US v. MATHIS

United States Tenth Circuit
Criminal Law & Procedure
The magistrate's reliance on hearsay information as a basis for probable cause to issue a search warrant was not in error. District court did not...
02/12/2004 02-7138

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