(United States Ninth Circuit) - Remanded. Finding that non-citizens subject to expedited removal under 8 USC Section 1228 have a statutory right to counsel in reasonable fear proceedings, the immigration judge deprived Zuniga of his right to counsel by failing to obtain a knowing and voluntary waiver of that right.

(United States Ninth Circuit) - Affirmed in part, reversed in part. The panel affirmed that continued detention for five hours after the shooting violated plaintiffs’ clearly established Fourth Amendment rights. However, because no analogous case existed at the time of the shooting, the district court erred by denying Gutierrez qualified immunity for this claim.

(United States Ninth Circuit) - Remanded. The panel held that petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints was reasonable and constituted “good cause” to grant a continuance, and remanded.

(United States Ninth Circuit) - Affirmed. The panel credited the district court’s factual findings as logical and well-supported and held that the responsible prison authorities were deliberately indifferent to Edmo’s gender dysphoria, in violation of the Eighth Amendment.

(United States Ninth Circuit) - Vacated and remanded. The defendant’s prior Nevada conviction for attempted battery with substantial bodily harm in violation of Nev. Rev. Stat. Section 200.481(2)(b) and 193.330 qualifies as a felony conviction for a crime of violence under U.S.S.G. Section 2K2.1.

Xia Xia Zhang, Classical Violinist Performs Her Seven Minute,forty-two Second Long Version Of The Franck Violin Sonata By Cesar Franck. It Is One Of His Best-known Compositions, And Is Considered One

Strong southwesterly winds are ushering in warm temperatures into the Denver area on Wednesday.

Denverites will see mostly sunny skies, with dry and windy conditions on Friday.

Mort Drucker, the Mad Magazine cartoonist who for decades lovingly spoofed politicians, celebrities and popular culture, died Thursday at 91.

Greg Zanis, known by many as the “Cross Man,” died Monday after spending 23 years building wooden crosses for thousands of mass-shooting victims across the United States, including the 13 victims killed in the 1999 Columbine High School massacre.

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Powerful Country Artist Andrea Vasquez Is Continuing To Ride The Sweet High From Her First Single And Is Following It Up With The Release Of Her New Single "Runnin’ Wild".

Jaap van Zweden guest-conducts Mozart and Bruckner.

Canadian Musician Ed Roman Is Raising Funds For Dyslexia Through Amazon Prime Video Sales And Rentals Of His Award-winning Animated Music Video, “Red Omen.”

(US 4th Circuit) - No. 19-1369

(US 4th Circuit) - No. 19-4167

Due to the coronavirus, several of Colorado's jazz festivals have been canceled or postponed until next year.

(United States Third Circuit) - Held that a pastor could not sue his church for breach of an employment contract. The church contended that adjudication of the pastor's contract claim would impermissibly entangle the court in religious doctrine in violation of the First Amendment's Establishment Clause. Agreeing, the Third Circuit affirmed summary judgment in favor of the church.

(United States Third Circuit) - Affirmed a brother's and sister's convictions and life sentences for conspiracy to commit interstate stalking and cyberstalking resulting in death. The two siblings were indicted after their father shot and killed the brother's ex-wife and himself. On appeal, the siblings both disputed the constitutionality of the statutes under which they were convicted and also brought numerous other challenges to their convictions and sentences. However, the Third Circuit affirmed the district court's decision in all respects, in a case that the appellate panel said involved numerous issues of first impression.

(United States Supreme Court) - Clarified the circumstances in which a court may hold a creditor in civil contempt for attempting to collect a debt that a bankruptcy discharge order has immunized from collection. Held that there should be "no fair ground of doubt" that the order barred the creditor's conduct. Justice Breyer delivered the opinion for a unanimous Court.

Joel Swanson's "In Other Words" in Republic Plaza serves as a marketing tool, and that's fine -- though it means the art stays on message.

Tune in at 8pm to hear Bizet's Carmen staring Jessye Norman and Mirella Freni.

Tune in tonight at 8pm to hear a live performance from the MET in 1966 of Donizetti's L' Elisir d' Amore staring Carlo Bergonzi and Roberta Peters.

(United States Fourth Circuit) - Affirming the months-long search of a smartphone seized at the airport when customs agents found firearms parts in a man's luggage because the Fourth Amendment's border search exception applied and the search was justified by reasonable suspicion.

(United States Fourth Circuit) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard.

(United States Fourth Circuit) - Affirming the sentence of a man who was placed on supervision after serving a fifteen year prison sentence for a federal firearm conviction pursuant to the Armed Criminal Career Act and promptly violated the terms by threatening to kill his teenage daughter and her mother because his challenge to the underlying conviction was not within the jurisdiction of the court to consider and the new term of supervised release was not plainly unreasonable.

(United States Fourth Circuit) - Granting a petition for review, vacating an order of removal, and remanding a Board of Immigration Appeals finding a Salvadoran man ineligible for the Nicaraguan Adjustment and Central American Relief Act because convictions for obstruction of justice did not qualify as crimes involving moral turpitude.

(United States Fourth Circuit) - Affirmed in part; vacated in part. US military personnel, civilian contractors and surviving family members brought suit for injuries allegedly caused by defendant’s waste management and water services across Iraq and Afghanistan. The district court concluded that the suit implicated a political question that was barred and that the Federal Tort Claims Act (FTCA) preempts the Servicemember’s claims. The appellate court stated that federal courts will not examine cases involving political questions because that would encroach on prerogatives of Congress and the President, Baker v. Carr, 369 US 186. Because the case was barred as a political question, the issue of the FTCA preemption need not have been decided. The appellate court vacated the FTCA ruling and affirmed the political question ruling.

(United States Fourth Circuit) - Petition granted; reversed and remanded the decision of the Board of Immigration Appeals which had found that payment of court costs qualified as a conviction under the Immigration and Naturalization Act. Plaintiff entered the US illegally and then several years later pled guilty to a misdemeanor marijuana charge where the court withheld adjudication of guilt and assessed $100 in court costs. The Fourth Circuit held that the assessment of court costs was not a punishment and therefore there was not a conviction.

(United States Fourth Circuit) - Affirmed the convictions of the defendants for all crimes charged against them, including violent crimes in the aid of racketeering. Defendants alleged errors and Brady violations. The court held that a Brady claim must establish evidence that was favorable to the accused, suppressed, and material to the verdict, but did not find that there was any such evidence rising to the level of a Brady exclusion.

(United States Fourth Circuit) - Affirmed an order enjoining the U.S. Department of Health and Human Services from enforcing a Medicaid reimbursement policy that was set forth in a Frequently Asked Questions document. The plaintiff, a hospital, contended that the reimbursement policy was not validly promulgated because there was no formal rulemaking as required by the Administrative Procedure Act. Agreeing, the Fourth Circuit held that the FAQ document was insufficient and that notice-and-comment rulemaking was necessary.

(United States Fourth Circuit) - Vacated the lower court's denial of habeas relief in a death penalty case where the defendant alleged juror bias. The defendant, who was convicted in Virginia state court of murdering a law enforcement officer, claimed that a juror had failed to disclose that his brother was a law enforcement officer. Agreeing that there was a potential issue of bias, the Fourth Circuit concluded that Supreme Court precedent required a hearing in these circumstances, and therefore vacated in relevant part and remanded with instructions for the trial court to hold an evidentiary hearing on the juror bias question.

(US 8th Circuit) - No. 18-3574

Politically Fueled Debate Leads To A Rogue Social Media Employee

Two teeny-weeny African lion cubs were born at the Denver Zoo Thursday, and so far they’ve spent their time in the world nuzzling around their den, nursing and cuddling with their mom.

We understand why unrest is bubbling among those who are unemployed and entrepreneurs who could lose their businesses. But the alternative to stay-at-home orders is allowing the highly contagious new coronavirus to rip through our communities.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.

The 16th Issue Of CLOUZINE To Be Published Soon !

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).

Everyone has started baking bread during the coronavirus outbreak: Your mom, your neighbor, your best friend. Even you.

(United States First Circuit) - Affirmed the denial of an asylum claim in a case where an immigrant claimed mistreatment in Honduras because of her Afro-Honduran race and physical disability caused by polio. The Board of Immigration Appeals rejected her asylum application upon finding that the harassment she endured in Honduras did not rise to the level of persecution. Agreeing with the Board's assessment, the First Circuit denied her petition for judicial review.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.

(United States First Circuit) - Affirmed a drug-trafficking sentence despite the defendant's argument that he was given an unwarranted Guidelines enhancement for obstruction of justice. The defendant, who pleaded guilty, also argued that he should be given a credit for acceptance of responsibility. However, the First Circuit found that he had maintained a false identity (i.e., used an assumed name) throughout his criminal proceedings, and thus affirmed the sentence.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of being a felon in possession of a firearm and to one count of possession of a machine gun. The defendant challenged his sentence on procedural and substantive reasonableness grounds. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Denied both parties' appeals in a trademark lawsuit between two members of the rock band Boston. A member of the multi-platinum band sued the band's former guitarist for trademark infringement and breach of contract in a dispute over the wording of public statements about the guitarist's former role in the band. At trial, the jury rejected all of the plaintiff's claims and all of the defendant's counterclaims. Both sides appealed, and the First Circuit affirmed.

(United States First Circuit) - Held that the government did not breach its plea agreement with a defendant by arguing, at least implicitly, that the agreed-upon 60-month sentence for his weapons charge was too low. The defendant contended that prosecutors undercut the plea deal. Finding no breach of the parties' agreement, the First Circuit affirmed.