Unpublished but Interesting Decisions
U.S. v. Kolthoff, 2008 WL 467001 (2/20/08) (unpub'd) - The d.ct.'s finding that the drug dog "alerted" to drugs in the car was not clearly erroneous where the video showed the dog "heavily sniffed the trunk area twice and then looked to the handler." The handler explained that when the dog looks back he expects the handler to throw him a toy or "something." Could the dog be "alerting" just so he can get a treat? No drugs were found. In any case, an alert without anything else, absent an unreliable dog, constitutes probable cause, the 10th reaffirms.
U.S. v. Stupka, 2008 WL 442397 (2/19/08) (unpub'd) - Another example of the absurdity of the ACCA's "on occasions different from one another" requirement. The defendant committed three "violent felonies" under the ACCA where he burglarized three apartments under the possession and control of the same people, on the same day, at the same address, by using the same master key.
Valdez v. McKune, 2008 WL 466993 (2/20/08) (unpub'd) - The 10th suggests a defendant may have standing to assert his fair trial right has been violated by the unlawfully coerced testimony of a government witness, even though the coercion only immediately implicated the witness's Fifth Amendment privilege against self-incrimination. But, any error was harmless.
Payne v. Friel, 2008 WL 466884 (2/20/08) (unpub'd) - The 10th remands to the d.ct. to determine whether the duration of the prisoner's administrative segregation for more than three years was an "atypical and significant hardship" creating a liberty interest entitled to due process protections. Summary dismissal reversed.
Brown v. Narvais, 2008 WL 442398 (2/19/08) (unpub'd) - The prisoner sufficiently stated a claim for relief when he alleged a guard spread the word that the prisoner was a child molester, even though he had not actually suffered any physical injury. The disclosure was as dangerous as the disclosure in another case that the prisoner was a snitch. See Benefield v. McDowall, 241 F.3d 1267 (10th Cir. 2001). Summary dismissal reversed.
U.S. v. Stupka, 2008 WL 442397 (2/19/08) (unpub'd) - Another example of the absurdity of the ACCA's "on occasions different from one another" requirement. The defendant committed three "violent felonies" under the ACCA where he burglarized three apartments under the possession and control of the same people, on the same day, at the same address, by using the same master key.
Valdez v. McKune, 2008 WL 466993 (2/20/08) (unpub'd) - The 10th suggests a defendant may have standing to assert his fair trial right has been violated by the unlawfully coerced testimony of a government witness, even though the coercion only immediately implicated the witness's Fifth Amendment privilege against self-incrimination. But, any error was harmless.
Payne v. Friel, 2008 WL 466884 (2/20/08) (unpub'd) - The 10th remands to the d.ct. to determine whether the duration of the prisoner's administrative segregation for more than three years was an "atypical and significant hardship" creating a liberty interest entitled to due process protections. Summary dismissal reversed.
Brown v. Narvais, 2008 WL 442398 (2/19/08) (unpub'd) - The prisoner sufficiently stated a claim for relief when he alleged a guard spread the word that the prisoner was a child molester, even though he had not actually suffered any physical injury. The disclosure was as dangerous as the disclosure in another case that the prisoner was a snitch. See Benefield v. McDowall, 241 F.3d 1267 (10th Cir. 2001). Summary dismissal reversed.
posted by Anonymous at 9:15 AM
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