U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

February 2012 Archives

Tenth Circuit Won't Honor Federal Mugshot FOIA Requests

If you're going to get arrested, try to make sure it happens in one of the six states within the Tenth Circuit Court of Appeals' jurisdiction.

Not that it's ever a good idea to have a run-in with the law, but at least the Tenth Circuit states aren't required to hand over your federal mugshot at the drop of a Freedom of Information Act (FOIA) request.

Tenth Circuit Won't Protect Ramona Fricosu's Password

This week, the Tenth Circuit Court of Appeals refused to address whether turning a password over to the authorities amounts to self-incrimination because it lacked jurisdiction to hear the case.

That means that Ramona Fricosu must comply with U.S. District Judge Robert Blackburn's order to turn over an unencrypted version of her hard drive that requires a password for investigators to examine documents, according to the Huffington Post.

Fricosu has until Monday to obey the order.

Tenth Circuit: No En Banc Rehearing for Roadless Rule

The Tenth Circuit Court of Appeals has issued its final word on the Roadless Rule, denying en banc rehearing in the matter this week; now it’s up to the Supreme Court to strike the Clinton-era law.

The Forest Service initially adopted the Interim Roadless Rule, an 18-month moratorium on road construction in most inventoried roadless areas (IRAs) in March 1999. The interim rule, which continued through August 2000, temporarily suspended decision-making regarding road construction and reconstruction in many unroaded areas within the National Forest System (NFS).

Monkey Bar Business: 10th Cir. Says Basketball Hoop is a Playground

Curious about what constitutes a playground? Then today is your lucky day, because the Tenth Circuit Court of Appeals has a 16-page opinion delving into the essence of playgrounds under federal law.

While the Tenth Circuit review fell short of an Aristotelian examination of a playground's metaphysical characteristics, it was enough to affirm the defendant's conviction for distributing drugs near a playground.

Andover Weighs Policy Change, 10th Cir Case in Silver Dollar Vote

The Tenth Circuit Court of Appeals is often overlooked as a national precedential trendsetter. The Ninth Circuit gets buzz for its “activist judges.” The Second Circuit gets the high-profile New York cases. Isn’t it about time the Tenth Circuit got some attention?

Pending the outcome of an Andover, Mass. town meeting vote this spring, the First Circuit Court of Appeals could be looking to the Tenth Circuit for advice on how taxpayer income should be evaluated in the courts.

Andover will consider a measure in April to allow town employees and contractors to receive part of their pay in $1 American Eagle silver dollars, reports The Boston Globe.

'The Meth Made Me Do It' Does Not Support Confession Suppression

A jury convicted Cami Braden of participating in a conspiracy to obtain methamphetamine from suppliers in Utah and transport it to Wyoming for resale. The case was essentially a cake walk for the prosecutor because the government had testimony from Braden's co-conspirators and Braden's own confession.

Not so fast, Braden argued to the Tenth Circuit Court of Appeals. Braden claimed that the confession should be suppressed because she was under the influence of methamphetamine when she made her confession for methamphetamine-related crimes. The Tenth Circuit, however, was not buying what Braden was selling - namely, her mental impairment argument.

Certain Bad Acts Evidence Admissible in Sexual Assault Cases

Air travel chicanery isn’t limited to celebrity shenanigans like Alec Baldwin's “Words With Friends” episode on an American Airlines flight in December. Real people get in trouble on airplanes, too.

One such person is today’s featured Tenth Circuit Court of Appeals appellant, Alan Johnson. Johnson was convicted on one count of interference with a flight attendant by assault and intimidation and three counts of abusive sexual contact on an aircraft.