Articles Posted in US Court of Appeals for the Tenth Circuit

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In 2010, the Kansas Disciplinary Administrator filed a formal complaint against plaintiff-appellant Phillip Kline for violations of the Kansas Rules of Professional Conduct (KRPC). A panel held a disciplinary hearing in two phases from February to July 2011. In October, it released a 185-page report finding multiple violations of the KRPC. It recommended an indefinite suspension from the practice of law. Kline filed exceptions to the report. The case went to the Kansas Supreme Court. In May 2012, Kline moved to recuse five justices based on participation in earlier cases involving him, arguing recusal would “not hinder [his] appeal from being heard” because “the Supreme Court may assign a judge of the court of the appeals or a district judge to serve temporarily on the supreme court.” The five justices voluntarily recused. In November 2012, Kline argued his case before the Kansas Supreme Court. In October 2013, the court found “clear and convincing evidence that Kline committed 11 KRPC violations.” It ordered indefinite suspension. In February 2014, Kline moved to vacate or dismiss the judgment, claiming the court was unlawfully composed because Justice Biles lacked authority to appoint replacement judges. The Clerk of the Kansas Appellate Courts did not docket the motion because the case was closed. In March, Kline petitioned for certiorari in the United States Supreme Court, alleging due process and free speech violations. The Supreme Court denied the petition. In October 2015, Kline sued in federal district court, asserting ten counts for declaratory and injunctive relief under 42 U.S.C. 1983. Counts one through nine attacked the Kansas Supreme Court’s decision. Count ten was a “prospective challenge” to the “unconstitutionally vague” Kansas Supreme Court Rule 219. The district court dismissed count three as a non-justiciable political question. It dismissed the other nine counts for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. Kline appealed, but finding no reversible error in the district court's judgment, the Tenth Circuit affirmed. View "Kline v. Biles" on Justia Law

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Brett Williamson was charged with and convicted of various child pornography offenses. Prior to trial, it came to light that his defense counsel and the prosecutor trying the case had a history together: they were divorced and shared custody of their child. For that and numerous other reasons, Williamson asked for new counsel, but the district court denied his request. Williamson proceeded without an attorney and was convicted and sentenced to life in prison. On appeal of his conviction, Williamson argued the district court should have inquired into his defense counsel’s potential personal conflict of interest to determine if the relationship might have affected his right to a fair trial, and that failure to do so requires automatic reversal. The Tenth Circuit concluded Williamson failed to make a showing that his counsel was laboring under an actual conflict of interest, so it rejected his conflict of interest argument based on his defense counsel’s personal relationship with the prosecutor. The Court also rejected Williamson’s alternative arguments for new counsel: that his filing of a criminal complaint against his counsel constituted an actual conflict of interest, and that Williamson demonstrated a complete breakdown of communications between his attorney and himself. View "United States v. Williamson" on Justia Law