Criminal Law: Burglary-Inconsistent Verdicts
Defendant appealed his conviction for second-degree burglary, arguing that the trial court erred in accepting the jury’s “inconsistent verdict” because he was also acquitted of the underlying offense of violating […]
Domestic Relations: Dissolution-Property Division
Husband appealed the trial court’s judgment dissolving the parties’ marriage, challenging the trial court’s property division, spousal maintenance and child support orders. Where the trial court had yet to divide […]
Domestic Relations: Dissolution-Extraterritorial Common Law Marriage
Defendant appealed the trial court’s dismissal of the petition for dissolution of a Colorado common law marriage. The trial court ruled that it lacked subject matter jurisdiction over the petition. […]
Domestic Relations: Dissolution-Civil Contempt
Husband appealed the trial court’s judgment that held him in civil contempt for violating the dissolution judgment. Where husband had complied with the contempt orders, he had purged the contempt […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant appealed the denial of his motion for post-conviction relief which alleged that trial counsel was ineffective for failing to object to evidence that defendant was a member of a […]
Immigration: Cancellation of Removal-Petition for Review-Exhaustion of Administrative Remedies
Petitioner sought review of the denial of her request for cancellation of removal. An IJ ruled that petitioner was ineligible due to a Nebraska conviction that met the federal definition […]
Employer-Employee: OSHA Citations-Collection Proceedings-Timeliness
Defendant appealed the denial of its motion to dismiss the government’s collection efforts to recover fines imposed under two citations issued by OSHA. Defendant had argued that the action was […]
Employer-Employee: Employee Action-Dismissal-Denial of Leave to Amend
Plaintiff appealed the dismissal of his employment-related action. Where the record supported dismissal, the court affirmed dismissal with prejudice where amendment of plaintiff’s complaint would be futile. Judgment is affirmed. […]
Employer-Employee: Breach of Duty of Loyalty-Misappropriation of Trade Secrets-Discovery Rulings
The parties cross-appealed from the district court’s grant of summary judgment to defendants on most of the claims. Plaintiff sued defendants, its former employees, for breach of the duty of […]
Criminal Law: Sentence Reduction-Retroactive Guidelines Amendment-Weighting of Record
Defendant appealed the denial of his motion for a sentence reduction for his conviction for second-degree murder, which was based on a retroactive amendment to the Sentencing Guidelines. On appeal, […]
Criminal Law: Revocation of Supervised Release-Within-Guidelines Sentence-Substantive Reasonableness of Sentence
Defendant appealed the within-Guidelines sentence imposed following the revocation of his supervised release, challenging the substantive reasonableness of the sentence. Where the district court adequately considered the statutory sentencing factors, […]
Criminal Law: Possession with Intent to Distribute-Safety Valve Relief-Eligibility
Defendant appealed the sentence imposed following his guilty plea to possession with intent to distribute, arguing that the district court erred in finding him ineligible for safety valve relief because […]
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