Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Articles Posted in Military Law
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In this case, the petitioner, Samuel Drinkert, appealed the denial of his application for a writ of habeas corpus by the United States District Court for the District of Kansas. Drinkert contested his convictions for violations of the Uniform Code of Military Justice which he received via a court martial. He argued that the military courts improperly admitted prior consistent statements made by one of his alleged sexual-assault victims. These convictions arose from two separate incidents involving two victims - his brother's ex-girlfriend and a co-worker.The United States Court of Appeals for the Tenth Circuit affirmed the lower court's decision. The Court focused on whether the military courts had given fair consideration to each of Drinkert's claims. The Court held that Drinkert had not shown that the military courts had failed to apply the proper legal standards or that they had failed to give adequate consideration to the issues involved. The Court determined that Drinkert's claims were thoroughly briefed and addressed by the military courts, therefore satisfying the requirement of 'full and fair consideration'. The Court also found that any error asserted by Drinkert was not of substantial constitutional dimension, the issue was not one of pure law, and no military considerations warranted a different treatment of the constitutional claims. Thus, the Court concluded that Drinkert was not entitled to habeas review in civil courts. View "Drinkert v. Payne" on Justia Law

Posted in: Military Law
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Petitioner-Appellant Anthony Santucci appealed the denial of his petition for habeas relief. In 2014, a military jury convicted Santucci of rape, forcible sodomy, battery, and adultery. He argued a court-martial trial judge deprived him of his Fifth Amendment right to due process by failing to instruct the jury on an affirmative defense and issuing unconstitutional propensity instructions at his trial. The U.S. Army Court of Criminal Appeals (the “ACCA”) agreed with Santucci that the court-martial tribunal erred on both issues; nevertheless, it found these errors were harmless and affirmed Santucci’s convictions. In his habeas petition, Santucci argued, in relevant part, that the ACCA misapplied the harmless error standard by failing to review the cumulative impact of the erroneous instructions. Because, in his view, the military tribunals deprived him of his constitutional right to a fair trial, Santucci contended that the district court was authorized to review the merits of his claims. On habeas review, the U.S. District Court for the District of Kansas denied Santucci’s petition, finding that the ACCA had fully and fairly considered his claims. Santucci appealed again, but to the Tenth Circuit Court of Appeals, arguing that the federal district court should have adjudicated his constitutional claims on the merits. Had the court done so, Santucci contended habeas corpus relief would have been appropriate because the erroneous instructions, viewed cumulatively, prejudiced him beyond a reasonable doubt. The Tenth Circuit affirmed: "Santucci points to nothing in the ACCA’s analysis that causes us to question whether its thorough review encompassed his cumulative-error argument. Rather, he seeks to relitigate his contentions against a finding of harmless error that were already considered—and rejected—by the ACCA ... we cannot fault the ACCA’s analysis—much less subject it to full merits review—simply because it viewed this evidence differently than Mr. Santucci. In the habeas context, the district court was in no position to reevaluate evidence when it was already presented to the military court—nor are we." View "Santucci v. Commandant" on Justia Law

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Scott Hockenberry filed a complaint against Michelle Kalas in Oklahoma state court alleging state-law claims of defamation, tortious interference, invasion of privacy, intentional infliction of emotional distress, and abuse of process. Hockenberry was a Captain in the United States Army and Kalas was an Army Reserve Captain. In 2016, Hockenberry and Kalas were employed as attorneys at Fort Sill near Lawton, Oklahoma. Beginning in May 2016, Hockenberry and Kalas became involved in a consensual sexual relationship. In August 2016, Kalas made statements accusing Hockenberry of sexual assault and other misconduct to work colleagues, an officer with the Lawton Police Department, and a Sexual Assault Response Coordinator at Fort Sill. The Army brought formal charges of sexual and physical assault against Hockenberry under the Uniform Code of Military Justice. The charges were referred to a general court-martial.The United States certified under 28 U.S.C. § 2679 that Kalas was acting within the scope of her federal employment when she made such statements. It then removed the action to federal court and substituted the United States as the defendant, deeming Hockenberry’s claims to be brought under the Federal Torts Claims Act (“FTCA”). Once in federal court, Hockenberry challenged the United States’ scope-of-employment (“SOE”) certification. The district court rejected that challenge, ruling that Hockenberry failed to demonstrate that Kalas had engaged in conduct beyond the scope of her federal employment. The court then granted the United States’ motion to dismiss Hockenberry’s action for lack of subject-matter jurisdiction based upon the United States’ sovereign immunity. Hockenberry appealed, arguing the the district court erred in its denial of his motion challenging the United States’ SOE certification. After review, the Tenth Circuit found the district court erred in concluding that an evidentiary hearing on Hockenberry’s motion was not necessary. The district court’s judgment was reversed and the matter remanded for further proceedings. View "Hockenberry v. United States" on Justia Law

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A United States military court-martial convicted Petitioner-Appellant Clint Lorance of murder (and a variety of lesser offenses) for actions he took while leading a platoon of soldiers in Afghanistan. After exhausting his direct appeals, Lorance filed a federal habeas petition challenging his convictions. Lorance appealed the district court’s dismissal of that petition. The sole issue, and a matter of first impression for the Tenth Circuit's consideration was whether Lorance’s acceptance of a full and unconditional presidential pardon constituted a legal confession of guilt and a waiver of his habeas rights, thus rendering his case moot. The Court concluded Lorance’s acceptance of the pardon did not have the legal effect of a confession of guilt and did not constitute a waiver of his habeas rights. Despite Lorance’s release from custody pursuant to the pardon, he sufficiently alleged ongoing collateral consequences from his convictions, creating a genuine case or controversy and rendering his habeas petition not moot. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Lorance v. Commandant" on Justia Law

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Plaintiff Steven Kientz spent many years as a "dual status" technician with the Kansas Army National Guard, where he worked as a mechanic on electronic measurement equipment. Plaintiff’s position required him to simultaneously serve as a member of the National Guard, a second job with separate pay and separate responsibilities. In retirement, Plaintiff receives a monthly pension payment under the Civil Service Retirement System based on his service as a dual status technician. Plaintiff also receives Social Security retirement benefits based on contributions he made to the Social Security system from his separate pay as a National Guard member. The issue this case presented for the Tenth Circuit's review centered on whether a dual status service technician’s civil service pension was “based wholly on service as a member of a uniformed service” under 42 U.S.C. 415(a)(7)(A). After review, the Court concluded Plaintiff's civil service pension is not “wholly” based on service as a member of a uniformed service, and his pension payments were therefore subject to the Windfall Elimination Provision ("WEP"). Plaintiff’s dual status technician work was at least partially distinct from the performance of his military duties. And Plaintiff received separate compensation and separate pensions for his performance of those distinct roles. The Court concurred with the district court and Social Security Administration that Plaintiff's Social Security retirement benefits were subject to the WEP. View "Kientz v. Commissioner, SSA" on Justia Law

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Cameo Williams, Sr. was a veteran of the United States Army, who spent his entire service stateside - never overseas or in combat. But for years, based on false statements about combat service, he obtained VA benefits for combat-related PTSD. The issue presented for the Tenth Circuit Court of Appeals in this case was whether it mattered about Williams’ lies about overseas service to obtain his PTSD benefits. The Court rejected Williams’s argument that his lie was not material under 18 U.S.C. 1001(a)(2), as well as his two challenges to evidentiary rulings. View "United States v. Williams" on Justia Law

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Captain Heather Ortiz was an active-duty service member in the United States Air Force. In March 2009, Captain Ortiz was admitted to Evans Army Community Hospital for a scheduled Caesarean section. Complications caused by the medical staff’s administering of drugs in preparation for the surgery caused a precipitous drop in Captain Ortiz’s blood pressure, leading to hypotension. As a result of Captain Ortiz’s hypotension, her baby, “I.O.,” was deprived of oxygen in utero, leading to severe injuries. The issue this case presented for the Tenth Circuit's review centered on whether the federal government was immune from damages for injuries its agents caused to the baby during childbirth. Resolution of the issues in this case was controlled by the Supreme Court’s decision in "Feres v. United States," which found that military service members were barred from bringing claims against the government under the Federal Tort Claims Act (FTCA) for injuries incident to their military service. Under the Feres doctrine, federal courts lose their subject matter jurisdiction over claims like this because the Tenth Circuit concluded the injured child’s in utero injuries were unmistakably derivative of an injury to her mother, an active service-member who gave birth at an Army Base hospital. "Feres is not ours to overrule. Applying controlling law, the government is not liable under the FTCA for the claims of negligence in this case." View "Ortiz v. United States" on Justia Law

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Plaintiff-Appellee/Cross-Appellant Robert Newton alleged Major John R. Teter and Lieutenant Colonel Wayne E. Lee of the Utah Air National Guard violated his due process rights when they suspended and subsequently withdrew his Air Traffic Control Specialist (ATCS) certificate, and when they suspended his employment as an Air Traffic Control Supervisor at Hill Air Force Base in Utah. The district court granted summary judgment to defendants on Plaintiff's due process claim regarding the suspension of his employment. It denied summary judgment on Plaintiff's due process claim regarding the withdrawal of his ATCS certificate, holding this claim was not barred by qualified immunity or by intramilitary immunity under the "Feres" doctrine. In this interlocutory appeal, Defendants challenged the denial of qualified immunity and intramilitary immunity on Plaintiff's ATCS certificate claim. Plaintiff cross-appealed the grant of summary judgment on his employment claim. Upon review, the Tenth Circuit held that Plaintiff's ATCS certificate was not barred by the "Feres" doctrine, and that the Court had no jurisdiction over the interlocutory appeal from the denial of qualified immunity to defendants. The Court declined to exercise pendent jurisdiction over Plaintiff's cross-appeal. View "Newton v. Lee, et al" on Justia Law

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Appellant Rick Strandlof was charged under the Stolen Valor Act (18 U.S.C. 704(b)) which makes it illegal to falsely claim to have received a military award or honor. The issue before the Tenth Circuit was whether the Act is constitutional. Despite never having served in the armed forces, Appellant founded the Colorado Veterans Alliance, and frequently told veterans he graduated from the United States Naval Academy, was a former U.S. Marine Corps Captain, and had been wounded in combat in Iraq. He bragged of receiving a Purple Heart, and he boasted that he had been awarded the Silver Star for gallantry in battle. A number of local veterans found Appellant to be an unconvincing imposter. Angered by Appellant's lies, they contacted the FBI and reported their suspicion that Appellant was a phony. After military officials confirmed Appellant never attended the Naval Academy or served in the military, the government filed a criminal complaint in the District of Colorado charging him with making false claims about receipt of military decorations or medals, in violation of the Act. Reasoning that false statements are generally protected by the First Amendment, the district court declared the Stolen Valor Act unconstitutional and dismissed the charges against Appellant. Upon review, the Tenth Circuit disagreed with that reading of Supreme Court precedent and reversed: "[a]s the Supreme Court has observed time and again, false statements of fact do not enjoy constitutional protection, except to the extent necessary to protect more valuable speech. Under this principle, the Stolen Valor Act does not impinge on or chill protected speech, and therefore does not offend the First Amendment." View "United States v. Strandlof" on Justia Law

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Plaintiff Roy Triplett appealed pro se a district court's dismissal of his action for failing to state a claim upon which relief could be granted. In early 2011, Plaintiff filed a 189-page complaint that the district court found incomprehensible. Accordingly, the court ordered Plaintiff to show cause why the action should not be dismissed. Plaintiff filed a 512-page "brief" in response, equally "unintelligible." In an attempt to mitigate the "harsh sanction" of dismissal, the court ordered Plaintiff to file an amended complaint that conformed to Rules 8 and 12 of the Rules of Civil Procedure. Plaintiff filed a 26-page amended complaint along with a 637-page brief in support. The Tenth Circuit examined the "incomprehensible" brief Plaintiff submitted on appeal, and concluded it was "plainly evident that the district court did not err" by dismissing Plaintiff's case.