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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches

United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches

Date: Sep 4, 2025
United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches Introduction In United States v. Blasdel (10th...
Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability

Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability

Date: Sep 4, 2025
Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability Case:...
Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025)

Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025)

Date: Sep 4, 2025
Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025) Introduction In United States v. Kearney,...
Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One

Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One

Date: Sep 4, 2025
Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One Introduction United States v. Morgan (10th Cir. Sept. 2, 2025) confronts...
Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes

Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes

Date: Sep 2, 2025
Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes Introduction In Colorado Motor Carriers Association v....
Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail

Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail

Date: Sep 2, 2025
Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail Introduction This...
Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm

Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm

Date: Sep 2, 2025
Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm Introduction In Colorado Motor Carriers...
Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA Retaliation

Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA Retaliation

Date: Aug 31, 2025
Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA...
Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment

Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment

Date: Aug 31, 2025
Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment Case: United States v....
Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel

Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel

Date: Aug 31, 2025
Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel Introduction In United States v. Laskey, No....
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

Date: Aug 31, 2025
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church Introduction In a published...
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

Date: Aug 31, 2025
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi Introduction In O.C.V. v. Bondi, the Tenth Circuit issued a published decision...
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Date: Aug 31, 2025
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent Comprehensive Commentary on United States v. Clay (10th Cir. 2025)...
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Date: Aug 31, 2025
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison Introduction United States v....
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025)

Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025)

Date: Aug 26, 2025
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025) Introduction The United States Court of Appeals for...
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Date: Aug 25, 2025
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene Introduction The United States Court of Appeals for the Tenth Circuit, in...
Krueger v. Crockett (2025): The Tenth Circuit’s Definitive Stance on Prolonged Prone Restraints, Post-Restraint Tasers, and Universal Duty to Intervene

Krueger v. Crockett (2025): The Tenth Circuit’s Definitive Stance on Prolonged Prone Restraints, Post-Restraint Tasers, and Universal Duty to Intervene

Date: Aug 25, 2025
Krueger v. Crockett (10th Cir. 2025): Prolonged Prone Restraints, Post-Restraint Tasers, and the Expansive Duty to Intervene Introduction In Krueger v. Crockett, the United States Court of Appeals...
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

Date: Aug 25, 2025
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Date: Aug 25, 2025
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule:  Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

Date: Aug 25, 2025
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
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