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| Grubbs v. Bailes, No. 05-7076,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 26, 2006, Filed
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Overview: District court's grant of summary judgment to the county and the sheriff on the shareholder's claim that he was denied equal protection under the trespass laws was affirmed where the shareholder failed to introduce evidence that the trespassing laws were enforced in any different fashion with respect to similarly situated residents of the county.
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| Nortonsen v. Larimer County Dist. Court, No. 05-1390,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 26, 2006, Filed
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Overview: Indigent prisoners seeking postconviction relief did not have an automatic right to copies of court documents, and the court summarily affirmed the dismissal of a prisoner's § 1983 claim that clerks and courts wrongfully denied him such papers and affirmed the denial of leave to appeal pursuant to 28 U.S.C.S. § 1915.
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| United States v. Harlow, No. 04-8074,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 26, 2006, Filed
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Overview: Defendant's delay in requesting a poll vitiated any error attributable to the district court's intervening comments between its specific invitation to poll the jury and defendant's poll request. Therefore, defendant was not denied the right to poll the jury to ensure unanimity of the verdict under Fed. R. Crim. P. 31(d).
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| Dewey v. Barnhart, No. 05-3329,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: The denial of social security disability benefits was remanded because a claimant's statements regarding his daily activities, standing alone, did not provide substantial evidence to support a finding that he could have stood and walked for a total of four hours each work day.
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| Honeyville Grain v. NLRB, Nos. 04-9577 & 04-9591,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: Petition for review of an NLRB order to cease and desist from refusal to bargain was denied because, in an attempt to have a union election set aside, employer failed to meet its initial burden to show that union's pre-election conduct amounted to a sustained inflammatory appeal or a systematic attempt to inject religious issues into the campaign.
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| Turgeau v. Admin. Review Bd., No. 05-9503,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: Where an employee filed an administrative complaint under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) because his state law claim was completely preempted by AIR21, he was entitled to equitable tolling because the complete preemption of the state claim established the complete identity of claims.
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| United States v. Flores-Hernandez, No. 05-2137,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: Defendant's 60-month sentence for charges involving the possession, importation, and intent to distribute 100 kilograms or more of marijuana was affirmed because she did not qualify for 18 U.S.C.S. § 3553(f)'s safety valve since she had more than one criminal history point.
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| United States v. Heckenliable, No. 05-4089,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: Where defendant argued that his prior conviction for simple assault did not qualify as a misdemeanor crime of domestic violence under 18 U.S.C.S. §§ 922(g)(9) and 921(a)(33)(A), his guilty plea was appropriate because the domestic relationship component of 18 U.S.C.S. § 922(g)(9) did not need to be an element of the predicate misdemeanor offense.
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| Williams v. Barnhart, No. 05-1298,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 27, 2006, Filed
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Overview: The denial of social security disability benefits was affirmed because an ALJ was not required to accept a claimant's lay opinion on the meaning or significance of medical tests, and the decision that the claimant's back problems did not preclude her from doing her past work as a secretary was supported by substantial evidence.
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