Unpublished Decisions

Wiglesworth v. Pagel, 2014 WL 30721 (1/6/14)(CO)(unpublished) - Mr. Wiglesworth, an Alaska inmate housed in a CO private prison, argued the disciplinary hearing he received--that resulted in 30 days' segregation--failed to comply with Alaska law. He filed a civil tort claim in Alaska state court, which the defendants removed to Alaska federal district court on the basis of diversity jurisdiction, and which was later transferred to the CO federal district court. The Tenth explains that Alaska retains jurisdiction over Mr. Wiglesworth despite sending him off to the Colorado prison. Consequently, the Colorado district court erred by failing to address the choice of law issue and the proper state law analysis. The case is reversed and remanded.

US v. Dupree, 2014 WL 30723 (1/6/14)(NM)(unpublished) - affirmance of district court denial of motion to suppress. A Luna County deputy sheriff got a tip from his girlfriend that her friend had been beaten by Mr. Dupree and may still be in danger. Cops go out to the friend's house, knock and get no answer. While they are standing outside, a second story balcony door opens and smoke starts coming out. Cops go into the house after a man comes outside. Turns out there are three undocumented men in the house and Mr. Dupree gets charged with conspiracy to transport illegal aliens. The COA holds that officers had an objectively reasonable basis to believe there was an immediate need to find and protect the woman who was reported to have been beaten. The ensuing search was reasonable in light of the exigent circumstances.