No. 21-1126. 8/23/2022. D.Colo. Judge Phillips. Title VII Employment Action—Race Discrimination—Sex Discrimination—Retaliation—Hostile Work Environment—Constructive Discharge—Motion for Summary Judgment.
No. 21-2007. 8/19/2022. D.N.M. Judge Ebel. Aggravated Sexual Abuse—Fourth Amendment—Consensual vs. Investigative Detention—Fifth Amendment Right Against Self-Incrimination—FRE 803(4) Hearsay Exception—Substantive Unreasonableness Challenge to Sentence.
No. 21-2058. 8/9/2022. D.N.M. Judge Moritz. Methamphetamine Possession with Intent to Distribute—Fourth Amendment—Motion to Suppress—Probable Cause for Warrantless Arrest—Illegal Search—Plain View Exception.
No. 21-2073. 7/7/2022. D.N.M. Judge Baldock. Felon in Possession of a Firearm—Armed Career Criminal Act—Voluntariness of Plea—Alleged Ineffective Assistance of Counsel—District Court Jurisdiction of Predicate Felonies Determination—Procedural Due Process.
2022 COA 102. No. 19CA2033. Felony Murder—Sentencing—Presumption of Concurrence—Life Imprisonment Without the Possibility of Parole—Cruel and Unusual Punishment—Proportionality Review—Per Se Grave or Serious Offenses.
No. 20-4116. D.Utah. Judge Hartz. Fentanyl Distribution—Continuing Criminal Enterprise—Sufficiency of the Evidence—Admissibility—Harmless Error—Prosecutorial Misconduct—Constitutionality of Life Sentence.
2022 CO 38. No. 22SA58. Interlocutory Appeal—Suppression of Evidence—Fourth Amendment—Warrantless Search of an Automobile—Probable Cause—Law Enforcement Hunches—Piling Hunch upon Hunch—Totality of the Circumstances—Consideration of Both Facts Supporting Probable Cause and Those Militating Against It.