July 22, 2019

Archives for June 3, 2010

Tenth Circuit: Opinions, 6/3/10

The Tenth Circuit on Thursday issued one published opinion and five unpublished opinions.


In United States v. Smith, the Court affirmed the district court’s sexual assault sentence for Petitioner Smith. The Court found that Petitioner waived his rights and made his confession knowingly, intelligently, and voluntarily and the district court did not err by refusing to suppress the written confession based on the presentment rule. Additionally, the district court did not err in admitting hearsay evidence under the excited-utterance exception and sufficient evidence was presented to sustain Petitioner’s conviction. Lastly, the district court did not err by imposing special conditions on Petitioner’s supervised release; the conditions were reasonable, subject to reconsideration by the district court as to their application to Petitioner’s child and minor siblings.


McNeil v. Kennecott Holdings

CP Kelco US, Inc. v. Int’l Union of Engineers

Wallin v. Dycus

Kirby v. Ezell

Monsour’s, Inc. v. Menu Maker Foods, Inc.