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| Fisher v. Mullin, No. 06-7061,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: Summary judgment was proper as to inmate's 42 U.S.C.S. § 1983 claims concerning his placement and conditions in a specified cell block because the affidavits the inmate produced in opposition to prison's Martinez report presented only conclusory allegations, which did not show a disputed issue of material fact sufficient to resist summary judgment.
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| Fisher v. Okla. Dep't of Corr., No. 06-7064,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: Prisoners' claims for labeling them as snitches failed because, with one exception, there were no allegations of personal participation by prison officials who could not be vicariously liable under § 1983, and as for the official who shared their letters with other inmates, the allegations that he did so with the intent to injure were conclusory.
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| Fonseca-Ortega v. Cline, No. 06-3199,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: Prisoner was not entitled to a COA under 28 U.S.C.S. § 2253(c)(1)(A) for appeal of denial of 28 U.S.C.S. § 2254 habeas petition because the district court properly resolved the issues of failure to instruct jury on lesser included offense, prosecutorial misconduct based on statements made during closing arguments, and insufficiency of the evidence.
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| United States v. Stewart, No. 05-4255,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: Denial of motion to suppress was affirmed because regardless of the content of an officer's question, the question did not extend the length of defendant's detention; also, the search of the vehicle, although not lawful as incident to defendant's arrest, was justified under the automobile warrant exception after a dog alerted to the vehicle.
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| United States v. Tellinghuisen, No. 06-3266,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: A request for a COA was denied and a prisoner's appeal was dismissed because none of his claims of ineffective assistance of counsel related to his attorney's negotiation of the appeal waiver in order to provide a basis for avoiding the waiver, and no reasonable jurist could have debated the district court's dismissal of his § 2255 petition.
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| United States v. Waller, No. 06-6333,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 19, 2007, Filed
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Overview: The government's motion to enforce defendant's waiver of appellate rights was granted because defendant misinterpreted the miscarriage of justice exception to waiver of a right to appeal, which looked to whether the waiver itself was otherwise unlawful, not whether some other aspect of the proceeding may have involved legal error.
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| Deschenie v. Bd. of Educ. of Cent. Consol. Sch. Dist. No. 22, No. 05-2270,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 22, 2007, Filed
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Overview: Based on the long delay between the termination and the speech, and the intervening employment problems, the employee failed to raise a genuine issue of material fact as to whether her termination was substantially motivated by her letter to the newspaper editor and was in retaliation for engaging in speech protected by the First Amendment.
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| Sarr v. Gonzales, No. 05-9606,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 22, 2007, Filed
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Overview: Denial of petitions for asylum and related relief based upon adverse credibility finding was reversed because alien's minor mistake as to his mother's death did not constitute substantial evidence upon which adverse credibility finding could be based, and IJ failed to acknowledge full testimony regarding preservation of alien's birth certificate.
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| United States v. Moreno-Robles, No. 06-4202,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 22, 2007, Filed
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Overview: Government's motion to enforce an appeal waiver was granted because defendant's arguments that enforcement of waiver would result in a miscarriage of justice concerned the lawfulness of his sentence for illegal reentry, which complied with terms of plea agreement. Defendant asserted no claim regarding whether his appeal waiver itself was unlawful.
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