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| Brown v. Roberts, No. 05-3314,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 12, 2006, Filed
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Overview: As reasonable jurists could question whether the district court was correct in procedural ruling to dismiss § 2254 petition with prejudice and whether petition stated a valid claim of a denial of a constitutional right, the COA was granted; but there was no point in further appellate proceedings given uncertain status of Kansas procedural law.
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| Chukwuma Azubuko v. New Hampshire, No. 05-6179,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 12, 2006, Filed
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Overview: Where a complaint named the State of New Hampshire as a defendant, claimed violation of plaintiffs' equal protection and due process rights, and sought both $ 2,500,000 in damages and an injunction requiring the State to withdraw traffic citation, the action was barred by the Eleventh Amendment.
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| United States v. Braulio Olguin Orduno, No. 05-5101,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 12, 2006, Filed
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Overview: Defendant was properly sentenced to the statutory minimum 180 months for possession of cocaine and methamphetamine with intent to distribute and possession of a firearm in furtherance of drug trafficking because he knowingly and voluntarily entered into a plea and the district court correctly calculated the sentence.
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| United States v. Craighead, No. 05-6227,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 12, 2006, Filed
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Overview: Debtor's Fed. R. Civ. P. 60(b)(4) motion to vacate a default judgment on promissory notes was denied because, despite a creditor's failure to attach the original notes, the debtor relieved the creditor of the burden of proving its factual allegations, including allegations supporting constitutional standing, by failing to answer the complaint.
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| United States v. Zuniga, No. 04-6383,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 12, 2006, Filed
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Overview: Defendant's motion to suppress cocaine and a gun found in his van was properly denied because a police officer was justified in stopping him based on a defective tail light and his swerving and the use of a drug dog that alerted to the cocaine did not exceed the scope of defendant's consent given to search for drugs and guns.
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| Branham v. Workman, No. 05-6222,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 13, 2006, Filed
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Overview: The denial of relief on the inmate's due process claims was affirmed. The inmate was never legally entitled to acquire good time credits in the first place; the inmate's status change was a mistake. Without entitlement to this state-created interest, he had no basis for forming a federal due process claim.
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| United States v. Wales, No. 05-3445,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 13, 2006, Filed
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Overview: Prisoner's request for a COA was denied. Language of plea agreement supported waiver that encompassed all of prisoner's claims; agreement stated that prisoner knowingly and voluntarily waived any right to appeal or collateral attack. Plea colloquy indicated that he understood terms of agreement and prisoner did not contend that waiver was invalid.
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