good faith exception – Binding the Law

2 March 2018

10th circuit affirms denial of two separate motions to suppress; affirms rejection of negligence claim in horse riding accident case; affirms assault on a federal officer conviction; and reinstates a federal wage claim.

by William Gaskill

22 February 2017

10th Circuit holds failure to challenge tax penalty in administrative appeal barred judicial review of penalty; upholds denial of motion to suppress evidence form search of cell phones; and affirms bank fraud convictions and restitution order.

by William Gaskill

2 May 2016

10th Circuit extends good faith exception to cases where the issuing magistrate is allegedly not neutral and allows successive habeas challenge to sentence based on its holding the guidelines residual clause unconstitutional.

by William Gaskill

29 December 2015

10th Circuit holds posting legal erotic material of minors online and engaging in chat on pedophile websites does not create probable cause of possessing child pornography; holds habeas challenge to one conviction by inmate serving consecutive life terms for two convictions states a case or controversy; affirms qualified immunity judgment in wrongful arrest case; holds defendant opened the door to polygraph evidence; and affirms judgment for police officers in case involving suicide by gun death of a Ute tribal member.

by William Gaskill