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

The case involves Kendall Len Burgess, who was convicted for aggravated sexual abuse and abusive sexual contact involving a seven-year-old victim, P.G. The primary issue was whether the district court erred in admitting a fifty-minute video recording of a forensic interview with P.G., conducted three days after the last incident of alleged sexual abuse. The interview was admitted under the residual exception to the rule against hearsay, after P.G., then aged nine, testified inconsistently at trial about the acts committed by Burgess.The United States District Court for the Eastern District of Oklahoma had convicted Burgess based on the evidence presented, including the video recording. The court found that P.G.’s statements during the recorded interview were trustworthy and more probative than any other evidence that could be obtained through reasonable efforts.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the lower court's decision. The appellate court concluded that the district court did not abuse its discretion in admitting the recorded interview. The court also rejected Burgess's other arguments, including allegations of prosecutorial misconduct and cumulative error. The court held that the prosecutor's questions and closing argument did not warrant reversing Burgess's convictions. Therefore, the court affirmed both of Burgess's convictions. View "United States v. Burgess" on Justia Law

The case involves an insurance dispute between Travelers Casualty Insurance Company of America and A-Quality Auto Sales, Inc., along with its owners, Felicia and Shawn Richesin. The Richesins purchased a Subaru for resale through their dealership, A-Quality Auto Sales. After having the car inspected and repaired by RNS Auto Services, they experienced mechanical issues while driving it. Ms. Richesin was severely injured when she exited the vehicle on the side of the highway and was struck by another car. RNS had a garage insurance policy with Travelers, which provided commercial general liability coverage with a per-occurrence limit of $500,000 and a general aggregate limit of $1,000,000. The Richesins sought additional compensation from RNS and Travelers for Ms. Richesin's injuries.In the lower courts, the Richesins filed a suit against Travelers and other parties in New Mexico state court. The state court dismissed all claims against Travelers, citing a lack of privity between the injured party and the insurer. Later, the Richesins and RNS entered into agreements that led to Travelers paying the Richesins $500,000, which Travelers believed to be the policy limit. The Richesins, however, argued that there were multiple occurrences and therefore the policy's aggregate limit of $1,000,000 was available. Travelers then filed a complaint in federal district court seeking a judicial declaration that the accident was a single occurrence and the policy coverage limit for the accident was $500,000.The United States Court of Appeals for the Tenth Circuit affirmed the district court's entry of declaratory judgment. The court held that the dispute was ripe for resolution under Article III of the Constitution. It also ruled that the district court did not err by declining to abstain under the Brillhart and Younger abstention doctrines. The court further held that the district court did not err by denying the Richesins' Rule 56(d) motion, thereby denying them discovery needed to meaningfully oppose Travelers' motion for summary judgment. The court concluded that the accident was a single occurrence and the policy coverage limit for the accident was $500,000. View "Travelers Casualty Insurance Co. of America v. A-Quality Auto Sales" on Justia Law

The case involves a dispute over a parcel of land within the Rio Grande National Forest in Colorado, owned by Leavell-McCombs Joint Venture (LMJV). The land, obtained through a land exchange with the U.S. Forest Service (USFS) in 1987, was intended for development into a ski resort village. However, access to the parcel was hindered due to a gravel road managed by the USFS that was unusable by vehicles in the winter.In 2007, LMJV invoked the Alaska National Interest Lands Conservation Act (ANILCA), claiming it required the USFS to grant access to inholdings within USFS land. The USFS initially proposed a second land exchange with LMJV to secure access to Highway 160. However, this proposal was challenged by several conservation groups under the Administrative Procedure Act (APA), alleging violations of the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). In 2017, the district court vacated the USFS decision and remanded to the agency.The USFS then considered a new alternative in the form of a right-of-way easement to LMJV across USFS land between the Parcel and Highway 160. The USFS consulted with the U.S. Fish and Wildlife Service (FWS) to secure a new biological opinion (BiOp) and incidental take statement (ITS) for the proposed action in 2018. The USFS then issued a final Record of Decision (ROD) in 2019, approving the easement.The conservation groups challenged this latest ROD under NEPA, the ESA, and ANILCA. The district court vacated and remanded under the law of the case doctrine, concluding that it was bound by the reasoning of the district court’s 2017 order. The Agencies appealed the district court’s decision vacating the 2018 BiOp and 2019 ROD.The United States Court of Appeals for the Tenth Circuit vacated the district court’s order and affirmed the Agencies’ decisions. The court concluded that it had jurisdiction over the matter under the practical finality rule, and that the Conservation Groups had standing. The court held that the district court incorrectly applied the law of the case doctrine because the Agencies considered a different alternative when issuing the 2019 ROD. The court also concluded that ANILCA requires the USFS to grant access to the LMJV Parcel. The court determined that even if the Conservation Groups could show error under NEPA, they had not shown that any alleged error was harmful. Finally, the court held that the Conservation Groups failed to successfully challenge the 2018 BiOp under the ESA, and that the Agencies correctly allowed the ITS to cover not only the proposed easement, but also LMJV’s proposed development. View "Rocky Mountain Wild v. Dallas" on Justia Law

In January 2021, John William Thomas Flechs, using the pseudonym “John Breezy,” began conversations on the Kik online messaging platform with someone he believed to be a 14-year-old boy. In fact, Flechs was messaging Sergeant John Haning, a member of the Rogers County, Oklahoma Internet Crimes Against Children Task Force. Over the next four days, Flechs and the minor discussed sexual topics in graphic detail. After they discussed meeting in person, Flechs asked the minor if he would be going to the skatepark. When Flechs arrived at the skatepark, he handed two Dr. Pepper sodas to an officer posing as the minor. Officers then arrested him.A grand jury indicted Flechs for attempted enticement of a minor in violation of 18 U.S.C. § 2422(b). A petit jury returned a guilty verdict. The district court sentenced Flechs to 120 months in prison and five years of supervised release. Flechs timely appealed.On appeal, Flechs argued that the trial evidence was insufficient to prove that he intended to entice the minor or took a substantial step toward enticement. He also argued that the jury instruction on the term “grooming” violated Federal Rule of Evidence 605, contained an unconstitutional presumption on the element of intent, and misstated the law. The United States Court of Appeals for the Tenth Circuit rejected these arguments and affirmed the conviction. The court held that the evidence was sufficient to convict Flechs of attempted enticement of a minor under 18 U.S.C. § 2422(b). The court also held that the jury instruction on the term “grooming” did not violate Federal Rule of Evidence 605, did not contain an unconstitutional presumption on the element of intent, and did not misstate the law. View "United States v. Flechs" on Justia Law

Albert Bustillos, an independent journalist, was filming content for his YouTube channel outside the Navajo oil refinery in Artesia, New Mexico. He was approached by refinery security and later by officers from the Artesia Police Department, including Corporal David Bailey. Despite Bustillos asserting he was on public property and had not broken any laws, Bailey arrested him for failure to identify himself in violation of New Mexico law.Bustillos sued Bailey and the City of Artesia, alleging violations of his First and Fourth Amendment rights and New Mexico law. The defendants moved for summary judgment, arguing that Bailey was entitled to qualified immunity. The district court denied the motion, rejecting Bailey’s qualified immunity defense.The United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity. The court found that Bailey lacked reasonable suspicion of a predicate crime, which is required to lawfully arrest someone for concealing identity. The court also found that Bustillos had met his burden to show that Bailey violated his clearly established Fourth Amendment rights. The court dismissed the portion of the appeal relating to Bustillos’s state-law claims, as the defendants had failed to meet their burden to support pendent appellate jurisdiction. View "Bustillos v. City of Artesia" on Justia Law

Cirilo Olmedo-Martinez, an alien, was charged with removability by the Department of Homeland Security. He applied for cancellation of removal, arguing that his removal would result in exceptional and extremely unusual hardship to his family members. The Immigration Judge (IJ) denied his application, finding that he failed to demonstrate such hardship. Olmedo-Martinez appealed to the Board of Immigration Appeals (BIA) and moved to remand the proceedings, presenting new evidence including his brother's successful withholding of removal due to ongoing familial violence in Mexico and the birth of his daughter. The BIA dismissed the appeal and declined to remand the case, concluding that Olmedo-Martinez failed to show how the new evidence would change the outcome of the IJ's decision.Olmedo-Martinez then filed a motion to reopen and remand the case based on additional new evidence: his son’s diagnosis with a complex medical condition and an educational impairment. The BIA denied the motion, holding that Olmedo-Martinez could not demonstrate that the condition was particularly serious or that his child could not continue treatment in his absence, and he failed to sufficiently address how his removal would affect his child’s educational hardship.The United States Court of Appeals for the Tenth Circuit reviewed the BIA's denial of Olmedo-Martinez's motion to reopen. The court found that the BIA did not err in denying the motion to reopen, as Olmedo-Martinez failed to establish a reasonable likelihood that the statutory requirement of exceptional and extremely unusual hardship would be met in reopened proceedings. The court also found that the BIA properly applied the legal standard in its decision. Therefore, the court denied the petition for review. View "Olmedo-Martinez v. Garland" on Justia Law

A California-based psychologist, Dr. Rick Q. Wilson, was investigated by the Drug Enforcement Administration (DEA) for potential violations of the Controlled Substances Act. The DEA issued an administrative subpoena to obtain Wilson's medical, prescription, and billing records. Wilson challenged the subpoena on statutory, constitutional, and privacy grounds.The district court initially dismissed the United States' petition to enforce the subpoena, finding it violated the Health Insurance Portability and Accountability Act (HIPAA) and the Fourth Amendment. However, upon reconsideration, the court granted the United States' motion to amend the petition and enforce a narrowed version of the subpoena.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court found that the modified subpoena complied with HIPAA, was not unreasonably burdensome under the Fourth Amendment, and did not violate Wilson's Fifth Amendment privilege against self-incrimination due to the required-records exception. The court held that the subpoena was issued within the DEA's authority, was relevant to the DEA's investigation, and was not unreasonably broad or burdensome. The court also found that the records requested fell within the required-records exception to the Fifth Amendment's privilege against self-incrimination. View "United States v. Wilson" on Justia Law

The case revolves around Lori Vogt, a deputy court clerk, who was fired by Lisa Rodebush, the McIntosh County Court Clerk, for not publicly supporting Rodebush's reelection campaign. Vogt had worked with Rodebush for thirteen years and had supported her in the past. However, during the 2020 reelection campaign, Vogt's best friend, a former employee of the County Court Clerk’s Office, ran against Rodebush. Vogt decided to support Rodebush privately but not publicly to maintain her friendship with Rodebush's opponent. Despite this, Vogt campaigned for Rodebush and provided advice for her campaign. Rodebush, however, was not satisfied with Vogt's level of support and eventually fired her after winning the election. Vogt then filed a lawsuit alleging that Rodebush violated her First Amendment rights of free speech and political affiliation.The United States District Court for the Eastern District of Oklahoma denied Rodebush's motion for summary judgment, where she asserted qualified immunity. Rodebush appealed this decision.The United States Court of Appeals for the Tenth Circuit affirmed the lower court's decision. The court found that a public official cannot condition a subordinate’s employment on her political beliefs, affiliation, or non-affiliation, unless the government has a vital interest in doing so. The court held that Rodebush violated Vogt's First Amendment right to political affiliation by firing her for not publicly supporting her reelection campaign. The court also found that Vogt's right was clearly established at the time of the violation, thus defeating Rodebush's claim of qualified immunity. View "Vogt v. McIntosh County Board" on Justia Law

The case revolves around a dispute between two competitors in the construction equipment market, I Dig Texas, LLC, and Kerry Creager, along with Creager Services, LLC. I Dig Texas used copyrighted photographs of Creager's products, which were made in China, in its advertisements to emphasize its own products' American-made status. This led to claims under the Copyright Act and the Lanham Act.Previously, the United States District Court for the Northern District of Oklahoma granted summary judgment to I Dig Texas on Creager's federal claims and remanded all of the state-law claims to state court. Creager had claimed that the use of its photographs constituted copyright infringement and that the accompanying text misrepresented the origin of I Dig Texas's products.The United States Court of Appeals for the Tenth Circuit affirmed the lower court's decision. The court found that Creager failed to present evidence of any profit from the use of its photographs, which was necessary to establish a claim for copyright infringement. The court also found that I Dig Texas's advertisements were not literally false under the Lanham Act. The advertisements were ambiguous as to whether a product is considered American-made when it is assembled in the United States but uses some foreign components. The court concluded that such a claim is not literally false because the claim itself is ambiguous. The court also affirmed the lower court's decision to decline supplemental jurisdiction over the remaining state-law claims and remand these claims to state court. View "I Dig Texas v. Creager" on Justia Law

The case involves God's Storehouse Topeka Church (GSH), which appealed a district court order denying its petition to quash a third-party summons issued by the Internal Revenue Service (IRS) to Kaw Valley Bank. The IRS sought bank records for accounts in GSH's name. GSH claimed the summons was invalid because the IRS failed to satisfy requirements applicable to church tax inquiries and examinations before issuing the summons. The district court denied GSH's petition, concluding that the provisions of § 7611, which govern church tax inquiries and examinations, do not apply to § 7609 third-party summonses.The case was initially referred to a magistrate judge who concluded that the third-party summons issued to Kaw Valley was not subject to the heightened requirements set out in § 7611. The district court adopted the magistrate judge's report and recommendation. It ruled that the Tax Exempt and Government Entities Commissioner, who had approved the inquiry, was an appropriate high-level Treasury official for purposes of §7611(h)(7). However, it also concluded that the provisions of § 7611 do not apply to § 7609 third-party summonses.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court held that the plain language of § 7611 makes clear it does not apply to § 7609 third-party summonses. Therefore, it was unnecessary to decide whether the Tax Exempt and Government Entities Commissioner is an appropriate high-level Treasury official. View "God's Storehouse Topeka Church v. United States" on Justia Law