June 24, 2019

Archives for January 31, 2011

Tenth Circuit: Opinions, 1/28/11

The Tenth Circuit on Friday issued two published opinions and four unpublished opinions.

Published

In Ritonga v. Holder, Jr., the Court denied Petitioners’ petitions for review. Petitioners sought review of the final order of the Board of Immigration Appeals denying their application for asylum and restriction on removal under the Immigration and Nationality Act, and request for protection under the United Nations Convention Against Torture. The Court found that, although there are religious problems in Indonesia, the Board of Immigration Appeals did not rule contrary to the weight of evidence that there was insufficient well-founded fear of persecution.

In United States v. Goodman, the Court reversed and remanded for a new trial the district court’s conviction. Petitioner, an Iraq War veteran, was convicted of multiple robbery and firearms offenses but claims that the district court erred by limiting lay witness testimony about his sanity. The Court found that “the district court erred by placing temporal limits on lay witness testimony and by limiting lay witnesses to non-opinion testimony.” Because the restrictions on lay testimony were not harmless, the Court remanded for a new trial.

Unpublished

Aguiar v. Bartlesville Care Center

Shaw v. Tulsa Dynaspan Arrow Concrete

United States v. Juarez

United States v. Gonzalez