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| Bernat v. Allphin, No. 06-4183,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: Court of appeals dismissed appeal from judgment dismissing a lawsuit filed under 28 U.S.C.S. § 2254 by people who challenged Utah's system of justice courts because record supported district court's judgment that Utah Supreme Court's decision rejecting petitioners' claims did not result in a decision that was contrary to established federal law.
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| Duran v. Americredit Fin. Servs. (In re Duran), No. 06-1264,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: A creditor did not violate an automatic stay when it repossessed its collateral from a debtor. The stay created under Fed. R. Bankr. P. 4001(a)(3) did not suspend automatic termination of automatic stay when that termination became effective 30 days after the filing of motion for relief from stay, pursuant to 30-day mandate of 11 U.S.C.S. § 362(e).
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| Hunt v. Lamb, No. 06-3344,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: A former husband failed to state a § 1983 claim against any defendant arising from his divorce proceedings; his brief cited to no legal authority supporting his appeal nor did he provide cogent argument. Although the appeal was frivolous, the court refused to exercise its discretion to impose fees where the request was not made by separate motion.
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| Ptasynski v. Kinder Morgan G.P., Inc., No. 06-1231,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: Because a plaintiff filed his notice of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(i), it automatically divested the district court of jurisdiction, annulled the district court's orders, and mooted the case and, thus, plaintiff's appeal was moot.
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| Rivas v. Gonzales, No. 06-9545,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: Court of appeals dismissed aliens' petition seeking review of IJ's decision ordering their removal from the U.S. because it did not have jurisdiction under 8 U.S.C.S. § 1252 to hear claims that IJ erred when he allowed U.S. Attorney General to withdraw charge he filed against one of the aliens, and when he denied aliens' request for a continuance.
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| United States v. Arledge, No. 04-5161,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: District court properly refused to allow defendant to inform a jury of his acquittal on criminal charges underlying a protective order because it was not relevant to the issue of whether a protective order was in effect when he possessed a firearm and ammunition. Also, the evidence was sufficient to show that he knew he was subject to the order.
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| United States v. Chavez, No. 05-2209,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: District court's decision admitting FBI agent's testimony that other agents reported they saw defendant's truck at a location where cocaine was sold was harmless, and court of appeals refused to reverse defendant's conviction for conspiring to distribute cocaine because other evidence the Government offered was sufficient to sustain the conviction.
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| United States v. Herrera, No. 05-2219,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: District court did not err when it denied defendant's motion for a new trial on charge that he violated 21 U.S.C.S. §§ 841 and 846, without holding an evidentiary hearing to resolve defendant's claim that he was not competent to stand trial because he had diabetes, because defendant knew about his symptoms during trial and did not raise the issue.
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| United States v. Partida-Cervantes, No. 06-3321,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: District court did not err when it resolved petition federal inmate filed under 28 U.S.C.S. § 2255 without holding an evidentiary hearing; court of appeals found no evidence in the record which supported the inmate's claim that he was denied safety value relief after he pled guilty to violating 21 U.S.C.S. § 841 because his counsel was ineffective.
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| United States v. Salinas-Valenciano, No. 06-3182 & 06-3224,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 4, 2007, Filed
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Overview: A certificate of non-existence of record (CNR) was testimonial and its admission violated the Confrontation Clause because the CNR was prepared specifically for prosecution under 8 U.S.C.S. § 1326, it was not an official record within the meaning of Fed. R. Evid. 803(8), and the issue of the harmlessness of its admission was not argued.
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