The Tenth Circuit held that the exercise of authority by SEC administrative law judges was unconstitutional in violation of the Appointment Clause. Citing the ALJ’s significant discretion when presiding over enforcement hearings, the Court held that ALJs are inferior officers, rather than…
The defendant argued that the district court erred in revoking probation, in part because Adult Probation & Parole was not supervising him at the time of the violation. The Court of Appeals affirmed, holding (a) inaction of the agency charged with…
In this appeal of an order remanding a class action, the Tenth Circuit broadly defined the term “in controversy” for the purposes of the Class Action Fairness Act, and held that federal jurisdiction existed when the defendant explains plausibly how a…
Appealing convictions of aggravated burglary and aggravated assault, the defendant argued an order authorizing force in obtaining a DNA sample violated his right to be free of unreasonable searches and seizures. Affirming, the Court of Appeals held the district court acted…
The court reversed the defendant’s conviction and remanded the case for a new trial, finding that the trial court’s admission into evidence of details of the defendant’s prior conviction for unemployment fraud was an abuse of discretion that prejudiced him.
After reconsidering prior precedent in light of intervening Supreme Court authority, the Tenth Circuit “departed from” Salco Corp. v. Gen. Motors Corp., 517 F.2d 567 (10th Cir. 1975), and held instead that to prove a conspiracy to monopolize under Section 2 of the…
New York Ave. LLC entered into a contract to purchase land from the Harrisons. New York Ave. exercised an option to extend the closing date of the contract by making monthly payments, and argued that the contract allowed these extension…
In this privately-initiated parental termination proceeding, the mother had requested appointed counsel. The court held that Utah Code § 78A-6-1111(2), which prohibits the appointment of counsel in private proceedings, was not facially unconstitutional, but agreed that the district court erred by relying…
The court held that denial of counsel to the indigent father in this appeal from a parental-rights termination order violated the father’s federal due process rights. The father did not preserve the constitutional argument for appeal, but the court found that the…
In this child abuse conviction, the court held that it was error to allow a video recording of a Children’s Justice Center interview of the victim into the jury room during deliberations, reasoning that the recording was testimonial in nature. The…
