U.S. Tenth Circuit

Martinez v. Caterpillar, Inc., No. 08-2074

2009-07-16T22:38:59Z

In an action for injuries sustained by plaintiff while attempting to inflate the right-front tire on a motor grader that was designed and manufactured by defendant, judgment for defendant is affirmed where the district court did not err in instructing the jury that defendant could not be liable if the machine's condition had "substantially changed" before the accident.

Read Martinez v. Caterpillar, Inc., No. 08-2074

Appellate Information

Filed July 16, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellant:

Kevin A. Zangara, Taos, NM

For Appellee:

Jeffrey M. Croasdell, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM

W.T. Womble, Womble, Howell & Croyle, Houston, TX

McCormick v. Kline, No. 07-3213

2009-07-14T22:22:03Z

In a drug possession prosecution, denial of petitioner's habeas petition is affirmed where petitioner was no longer in custody for the convictions on which his petition was based.

Read McCormick v. Kline, No. 07-3213

Appellate Information

Filed July 14, 2009

Judges

Opinion by Judge Ebel

Counsel

For Petitioner:

Stephen Kessler, Topeka, KS

For Respondents:

Jared Maag, Deputy Solicitor General, Topeka, KS

Caplan v. B-Line, LLC, No. 08-2017

2009-07-14T22:17:45Z

In an appeal from a bankruptcy court's disallowance of creditor's claim in a Chapter 13 bankruptcy case, Bankruptcy Appellate Panel's judgment reversing the bankruptcy court ruling is reversed where the creditor failed to provide documentation in support of its claim, and thus it was properly disallowed.

Read Caplan v. B-Line, LLC, No. 08-2017

Appellate Information

Filed July 14, 2009

Judges

Opinion by Judge Tacha

Counsel

For Appellant:

Michael K. Daniels, Albuquerque, NM

For Appellee:

Linh K. Tran, B-Line, LLC, Seattle, WA

US v. Cherry, No. 08-7090

2009-07-13T22:09:00Z

Defendant's firearm possession sentence in connection with a murder is affirmed where the district court was not bound at sentencing by the terms of the federal homicide statutes, and a perfect match was not required between defendant's conduct and the homicide guideline selected as the most analogous.

Read US v. Cherry, No. 08-7090

Appellate Information

Filed July 13, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Robert Ridenour, Assistant Federal Public Defender, Office of Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK

For Appellee:

Robert Wallace, Assistant United States Attorney, Muskogee, OK

US v. Miles, No. 08-5128

2009-07-13T22:03:28Z

Defendant's conviction for filing false tax returns is affirmed where the district court did not deny defendant the right to self-representation because it reasonably believed that he waived his right to self-representation after the jury was dismissed, and it allowed him to resume representing himself as soon as he reasserted his desire to proceed pro se at his sentencing hearing.

Read US v. Miles, No. 08-5128

Appellate Information

Filed July 13, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Julia L. O'Connell, Federal Public Defender, Tulsa, Oklahoma

For Appellee:

David E. O'Meilia, United States Attorney, Tulsa, Oklahoma

Riggins v. Goodman, No. 08-1034

2009-07-11T00:03:47Z

In an action claiming that Plaintiff police officer was discharged without adequate procedural safeguards after he suffered from a psychiatric episode that caused him to take administrative leave, the denial of qualified immunity is reversed, where the city's three-step appeals process provided adequate pretermination due process for Plaintiff to challenge the decision.

Read Riggins v. Goodman, No. 08-1034

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Appellants:

John R. Mann, Kennedy Childs & Fogg, P.C., Denver, CO

For Appellee:

Joseph A. Salazar, The Salazar Consultant Group, LLC, Thornton, CO

Greater Yellowstone Coalition v. Tidwell, No. 07-8083

2009-07-10T23:59:47Z

In a petition for review of the Forest Service's determination not to undertake an environmental analysis of certain elk feed grounds, the denial of the petition is affirmed, where the Forest Service later undertook the requested analyses and thus the action was moot.

Read Greater Yellowstone Coalition v. Tidwell, No. 07-8083

Appellate Information

Filed July 10, 2009

Judges

For Petitioners:

Timothy J. Preso, Earthjustice, Bozeman, MT

For Respondents:

Robert H. Oakley, United States Department of Justice, Environmental & Natural Resources Division, Washington, DC

Ellenberg v. New Mexico Military Inst., No. 08-2112

2009-07-10T23:54:45Z

In an action against a military institute for denying Plaintiff admission based on her disability, summary judgment for Defendant is affirmed, where having an individualized education program under the Individuals with Disabilities in Education Act does not automatically establish a disability under Section 504 of the Rehabilitation Act and the ADA.

Read Ellenberg v. New Mexico Military Inst., No. 08-2112

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Appellant:

Gail Stewart, Steven Granberg, P.A., Albuquerque, NM

For Appellee:

John F. Kennedy, Cuddy & McCarthy, LLP, Santa Fe, NM

Arambula-Medina v. Holder, No. 08-9589

2009-07-10T23:51:22Z

Petitioner's petition for review of the BIA's order denying his application for cancellation of removal is dismissed for lack of jurisdiction, where Petitioner's disputes with the factual findings of the Immigration Judge did not rise to the level of due process violations.

Read Arambula-Medina v. Holder, No. 08-9589

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Briscoe

Counsel

For Petitioner:

Robert Brown, Oklahoma City, OK

For Respondent:

Stephen J. Flynn, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, DC

Boone v. MVM, Inc., No. 08-1074

2009-07-09T23:57:40Z

In an action alleging that Defendant wrongfully discharged Plaintiff because he reported illegal and unethical conduct on the part of fellow contractors, the dismissal of the complaint is affirmed, where Virginia had the strongest connection to the dispute, and thus Virginia law applied and barred Plaintiff's wrongful discharge claim.

Read Boone v. MVM, Inc., No. 08-1074

Appellate Information

Filed July 9, 2009

Judges

Opinion by Judge Murphy

Counsel

For Appellant:

Thomas H. Stocker, Thomas H. Stocker, P.C., Lakewood, CO

For Appellee:

Jason M. Branciforte, Littler Mendelson, P.C., Washington, DC

Williams v. Jones, No. 06-7103

2009-07-08T23:56:05Z

In a murder prosecution, Petitioner's habeas petition is granted, where the state appellate court erred by simply reducing Petitioner's sentence, as that remedy was not tailored to the seriousness of the ineffective assistance rendered by Petitioner's counsel.

Read Williams v. Jones, No. 06-7103

Appellate Information

Filed July 8, 2009

Judges

Per Curiam

Counsel

For Appellant:

Barry A. Schwartz, Kamlet Shepherd & Reichert, LLP, Denver, CO

For Appellee:

Diane L. Slayton, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK

US v. Burke, No. 08-8033

2009-07-07T23:22:56Z

Defendant's drug conviction is affirmed where the defense failed to articulate to the District Court the reasons why the delay in production of potentially exculpatory evidence by the government should be regarded as materially prejudicial.

Read US v. Burke, No. 08-8033

Appellate Information

Filed July 7, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellant:

Patrick J. LeBrun, Casper, WY

For Appellee:

David A. Kubichek, Assistant United States Attorney, Casper, WY

Matthews v. Workman, No. 07-6209

2009-07-07T23:19:06Z

In a capital habeas matter, the denial of Petitioner's petition is affirmed, where 1) an allegedly improper juror communication did not prejudice Petitioner, because the defense made no appeal to residual doubt in the penalty phase; and 2) the prosecutor did not reference any extra-record evidence in his argument.

Read Matthews v. Workman, No. 07-6209

Appellate Information

Filed July 7, 2009

Judges

Opinion by Judge Gorsuch

Counsel

For Appellant:

Timothy R. Payne, Assistant Federal Public Defender, Oklahoma City, OK

For Appellee:

Seth S. Branham, Assistant Attorney General, Oklahoma City, OK

Davis v. Miller, No. 07-7062

2009-07-07T23:15:11Z

In a murder prosecution, the dismissal of Petitioner's habeas petition as a sanction is reversed where, because the District Court entered an order requiring Petitioner to file an amended petition the day after Respondent was served with the original petition, there was no chance Respondent was prejudiced by exerting effort to reply to the initial petition.

Read Davis v. Miller, No. 07-7062

Appellate Information

Filed July 7, 2009

Judges

Opinion by Judge Seymour

Counsel

For Appellant:

Steven M. Presson, Presson Law Office, Norman, OK

For Appellee:

W.A. Drew Edmondson, Attorney General, Oklahoma City, OK

Keeley L. Harris, Assistant Attorney General, Oklahoma City, OK

Haynes Trane Serv. Agency v. Am. Std., Inc., No. 07-1441

2009-07-06T23:36:32Z

In an action for breach of a franchise agreement, judgment for Defendant is affirmed, where 1) Plaintiff presented insufficient evidence that his franchise agreement had been modified; and 2) Plaintiff's unclean hands gave the District Court authority to deny him an equitable estoppel remedy.

Read Haynes Trane Serv. Agency v. Am. Std., Inc., No. 07-1441

Appellate Information

Filed July 6, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellants:

Marcy G. Glenn, Holland & Hart LLP, Denver, CO

For Appellee:

Daniel M. Reilly, Reilly Pozner & Connelly LLP, Denver, CO