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| Diakhite v. Gonzales, No. 04-9534,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: A petitioner, a Mauritanian citizen subject to removal, was properly denied asylum under 8 U.S.C.S. § 1158(b) on the basis that the petitioner had no well-founded fear of future persecution if he returned to Mauritania because the crisis that prompted the exile and detention of Mauritanians like the petitioner and his family was long since over.
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| Elworthy v. Hawkeye-Security Ins. Co., No. 05-8009,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: District court's grant of summary judgment to the insurance companies was affirmed because they acted in accordance with the clear language of the contract, which provided that they could settle any claim deemed appropriate, and in so doing did not impinge on the insureds' right to prosecute their counterclaims against the construction company.
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| Fields v. Ward, No. 05-5054,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: Court of appeals affirmed the district court's judgment that an application for a writ of habeas corpus which a state inmate filed on June 3, 2004, pursuant to 28 U.S.C.S. § 2254, challenging his convictions for kidnapping and rape in 1992, and procedures the state used in 1998 to revoke his probation, was untimely under 28 U.S.C.S. § 2244(d).
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| Garner v. Gonzales, No. 05-2096,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: A divorced father's action under 42 U.S.C.S. § 1983 was properly dismissed because his complaint ran afoul of Rooker-Feldman both because it asked the federal court to consider claims actually decided by the New Mexico courts and because it included claims inextricably intertwined with the judgments of the state court.
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| Heideman v. S. Salt Lake City, No. 04-4199,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: Court of appeals found that nude dancers and adult establishment did not meet their burden of showing that studies South Salt Lake City (Utah) considered before it passed an ordinance which banned nudity in adult businesses did not apply to them, and it affirmed district court's order upholding ordinance in an action filed under 42 U.S.C.S. § 1983.
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| Nautilus Ins. Co. v. 8160 South Mem. Drive, LLC, No. 05-5076,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: Court of appeals found that the district court did not abuse its discretion when it entered a judgment declaring that an insurance company did not have an obligation to defend or indemnify its insured against claims two individuals filed in state court, alleging that the insured was liable because one of its employees assaulted them.
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| Pryce-Dawes v. Barnhart, No. 05-5071,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: Judgment of the district court was reversed with instructions to remand to the Commissioner of Social Security because the ALJ committed reversible error when he discounted the claimant's credibility and failed to consider probative testimony of the vocational expert at step five of the five-step analysis for determining disability.
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| Strope v. McKune, No. 05-3344,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: The denial of a Fed. R. Civ. P. 60(b) motion to reconsider the dismissal of a civil rights action for failure to satisfy the total exhaustion rule of 42 U.S.C.S. § 1997e(a) was affirmed because an inmate attempted to advance argument supported by evidence concerning his grievances that was previously available but not presented to the trial court.
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| United States v. Mercado, No. 05-3035,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: The denial of civil and criminal contempt for violating a court order requiring that a neuropsychological report made pursuant to 18 U.S.C.S. §§ 4241 and 4242 be kept under seal was affirmed because the district court did not clearly err in finding that the Bureau of Prison's noncompliance with the order was not deliberate or willful.
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| United States v. Parnell, No. 04-7139,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 2, 2006, Filed
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Overview: Defendant's sentence as an armed career offender under 18 U.S.C.S. § 924(e) was affirmed because a burglary conviction under Okla. Stat. tit. 21, § 1435 was a predicate offense since he pled guilty to an information charging him with entering a residence to commit burglary, and thus the conviction contained the elements of a "generic" offense.
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