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  • Commentaries
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10th Circuit Case Commentaries

Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful

Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful

Date: Dec 31, 2025
Tapia Error on Plain-Error Review: Ambiguous Treatment Remarks and Checked § 3553(a)(2)(D) Boxes Do Not Make an Upward-Variance Sentence Obviously Unlawful 1. Introduction Case: United States v....
United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations

United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations

Date: Dec 26, 2025
United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations I. Introduction In United States v. Mora, No. 25-5030 (10th Cir....
United States v. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity

United States v. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity

Date: Dec 26, 2025
United States v. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity I. Introduction The Tenth Circuit’s published decision in United...
Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage

Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage

Date: Dec 26, 2025
Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage I. Introduction In Brown v. Flowers, No. 25‑7009 (10th Cir. Dec....
Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit

Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit

Date: Dec 26, 2025
Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit I. Introduction In Lancaster v. Cartmell, No. 25‑6000 (10th Cir. Dec. 23,...

    Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham

Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham

Date: Dec 26, 2025
Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham I. Introduction The order in Ortega v. Lujan...
Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period

Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period

Date: Dec 26, 2025
Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period I. Introduction In Smith v. Sheriff’s Office, No. 25‑1076 (10th Cir. Dec. 22, 2025), the United...
“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Co. and FRSA § 20109(b)(1)(B)

“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Co. and FRSA § 20109(b)(1)(B)

Date: Dec 26, 2025
“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Company and FRSA § 20109(b)(1)(B) I. Introduction In Berberich v. Kansas City...
A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025)

A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025)

Date: Dec 26, 2025
A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025) I. Introduction This commentary...
Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts

Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts

Date: Dec 26, 2025
Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts I. Introduction In Standard Insurances v. IRS, No. 24-4094 (10th Cir....
Limiting Younger Abstention and Clarifying Judicial vs. Administrative Immunity: Commentary on Bivings v. Paprzycki (10th Cir. 2025)

Limiting Younger Abstention and Clarifying Judicial vs. Administrative Immunity: Commentary on Bivings v. Paprzycki (10th Cir. 2025)

Date: Dec 20, 2025
Limiting Younger Abstention and Clarifying Judicial vs. Administrative Immunity: Commentary on Bivings v. Paprzycki (10th Cir. 2025) I. Introduction The Tenth Circuit’s nonprecedential order and...
United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases

United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases

Date: Dec 18, 2025
United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases I. Introduction The Tenth Circuit’s unpublished decision in United States v....
Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County

Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County

Date: Dec 18, 2025
Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County 1. Introduction This commentary examines the Tenth...
Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025)

Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025)

Date: Dec 18, 2025
Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025) I. Introduction The Tenth Circuit’s nonprecedential order and judgment in Waked v....
United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit

United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit

Date: Dec 18, 2025
United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit I. Introduction In United States v. Holt, No. 24‑7044 (10th Cir. Dec. 16,...
United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens

United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens

Date: Dec 18, 2025
United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens I. Introduction In United States v. Duque‑Ramirez, No. 24‑6257 (10th Cir. Dec....
Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: A Commentary on United States v. Munoz (10th Cir. 2025)

Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: A Commentary on United States v. Munoz (10th Cir. 2025)

Date: Dec 18, 2025
Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: Commentary on United States v. Munoz (10th Cir. 2025) I. Introduction In United States v. Munoz, No. 24‑1418...
A Duty to Cure Jury Confusion on Elements: United States v. Kirby and Supplemental Instructions in Federal Criminal Trials

A Duty to Cure Jury Confusion on Elements: United States v. Kirby and Supplemental Instructions in Federal Criminal Trials

Date: Dec 18, 2025
A Duty to Cure Jury Confusion on Elements: United States v. Kirby (10th Cir. 2025) Introduction In United States v. Kirby, No. 24-7070 (10th Cir. Dec. 16, 2025), the Tenth Circuit vacated a federal...
Civil Contempt, Corporate Dissolution, and Pro Se Appellate Limits in Lucas v. Dadson Manufacturing Corporation

Civil Contempt, Corporate Dissolution, and Pro Se Appellate Limits in Lucas v. Dadson Manufacturing Corporation

Date: Dec 18, 2025
Civil Contempt for Violating No-Suit Orders, Corporate Dissolution, and Limits on Pro Se Appeals: A Commentary on Lucas v. Dadson Manufacturing Corporation, No. 25‑3074 (10th Cir. Dec. 16, 2025) I....
Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. GEICO

Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. GEICO

Date: Dec 18, 2025
Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. Government Employees Insurance Co. I. Introduction In Plump v. Government...
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