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| Brewer v. Mullin, No. 05-5074,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Evidence was sufficient for a rational trier of fact to have inferred subjective intent and found proof beyond a reasonable doubt on both murder and shooting with intent to kill counts; although a co-defendant did the shooting, petitioner went to buy the ammunition, drove to the shooting, and waited until after the shooting to drive away.
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| Bundy v. Stommel, No. 05-1099,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Where a prisoner alleged that conditioning eligibility for parole on signing an agreement to take allegedly inappropriate medication violated his Fourteenth Amendment due process rights, the claim was not frivolous under 28 U.S.C.S. § 1915A, because he had a liberty interest in avoiding the unwanted administration of antipsychotic drugs.
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| Cook v. Hill, No. 05-5061,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Officer was erroneously granted qualified immunity and summary judgment on an arrestee's § 1983 claim that the officer knowingly filed false charges against him because the officer's motion did not address the claim that she lied about where she found drug paraphernalia she said was in the arrestee's room and, thus, did not have probable cause.
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| Teran v. Gonzales, No. 04-9586,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Petition for review was dismissed in part for lack of jurisdiction to the extent it sought review of the BIA's denial of the motion to reopen because it was untimely under 8 U.S.C.S. § 1252(b)(1); the petition was denied to the extent it sought review of the BIA's order denying petitioner's motion to reconsider as the BIA clearly had not erred.
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| United States v. Canedo, No. 05-3371,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Defendant's Fed. R. Civ. P. 60(b) motion was properly recharacterized as a second or successive 28 U.S.C.S. § 2255 motion and dismissed for lack of jurisdiction because the claims were habeas claims since the motion asserted an entitlement to relief from his conviction on the basis of a change in the substantive law.
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| United States v. Guzman, No. 05-3092,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: A certificate of appealability was denied because petitioner could not challenge his sentence under Booker, as Booker did not apply retroactively to collateral petitions, and petitioner failed to show the denial of a constitution right.
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| United States v. Johnson, No. 05-4066,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 27, 2006, Filed
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Overview: Defendant's sentence to 41 months imprisonment for bank fraud was affirmed because there was sufficient evidence to support enhancements grounded on findings that defendant was responsible for a $ 2 million loss to the bank and that he jeopardized the safety and soundness of the bank.
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