Due Process Requires the Government to Disprove Imperfect Self-Defense Beyond a Reasonable Doubt When the Theory Is Submitted to the Jury Introduction In United States v. Lynn (10th Cir. June 30,...
Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum Utah Political Watch v. Musselman (10th Cir. June 30, 2026) Core takeaway: When a legislature creates a...
Mandamus Is Unavailable to Shortcut Final-Judgment Review of Interlocutory FLSA Reimbursement and Recordkeeping Rulings 1. Introduction In re: Bam! Pizza Management (10th Cir. June 26, 2026) arises...
Tenth Circuit: A District Court’s Remand to an Agency “Without Vacatur” Is Ordinarily Not Immediately Appealable Under § 1291, and Practical Finality Does Not Apply Where Vacatur Is Discretionary I....
COA Denial in § 2254: Oklahoma Rule 4.2(B) Waiver Bars Unpreserved Plea Claims, and AEDPA “Double Deference” Forecloses Debatable Ineffectiveness/Competency and McGirt Relief 1) Introduction Case:...
Judicial Review Is Available for Antiquities Act Monument Proclamations When Plaintiffs Allege the President Exceeded Discernible Statutory Limits 1. Introduction Case: Garfield County, Utah v. Trump...
Tenth Circuit: Ultra Vires Exception Allows Judicial Review of Antiquities Act Monument Proclamations Where Statute Imposes Discernible Limits Case: Dalton v. Trump (consolidated appeals Nos. 23-4106...
Upward Variance Above § 924(c) Mandatory Minimum Upheld Where Record-Based § 3553(a) Explanation Justifies the Extent of the Variance (Anders Dismissal) 1. Introduction United States v. Marris (10th...
Jefferson v. Stancil: Pleading, Standing, and Issue-Preservation Limits on Constitutional Challenges to Colorado’s Sex Offender Treatment Conditions 1. Introduction In Jefferson v. Stancil (10th Cir....
Standing for Declaratory Relief May Rest on Issue-Preclusive Effect Against Nonparty State Enforcers; Ex parte Young Does Not Allow “Liquidated-Damages Declarations” Against a State 1. Introduction...
Tenth Circuit Opens the Courthouse Door to Statutory Ultra Vires Challenges of Presidential Antiquities Act Proclamations 1. Introduction In Garfield County, Utah v. Trump (captioned in the district...
Judicial Review Is Available for Statutory Ultra Vires Challenges to Antiquities Act Proclamations When the Act Imposes Discernible Limits Case: Garfield County, Utah v. Trump (substitution noted...
Judgment Satisfaction by Victim-Restitution Offset Ends Federal Ancillary Jurisdiction Over Post-Judgment Challenges 1. Introduction In Brooks v. Colorado Department of Corrections (10th Cir. June...
Perjury Under § 1623 Cannot Rest on “I Don’t Know” About Another’s Motives Absent a Foundation 1. Introduction United States v. Milliron (10th Cir. June 23, 2026) arose from a federal grand-jury...
Harmless-Error Framework for Taylor-Based § 924(c) Instructional Challenges When the Record Shows Completed Hobbs Act Robbery 1. Introduction United States v. Bailey (10th Cir. June 23, 2026) is an...
Vineyard v. Bridges: Reaffirming COA Gatekeeping—Layered AEDPA Deference, Noncapital Lesser-Included Nonreviewability, and Oklahoma Rule 5.2(A) Procedural Default 1. Introduction Case: Vineyard v....
Qualified Immunity When a CBA Provides “Just Cause” but No Post-Termination Hearing: Loudermill Not Clearly Established in the CBA Context I. Introduction In Carter v. Beebe (10th Cir. June 22,...
Notarization Alone Is Not “Proper Filing”: Oklahoma APCR Must Contain a Sworn Truth-and-Correctness Affirmation to Toll AEDPA Case: Sitsler v. Harding (No. 25-5103) Court: United States Court of...
Ambiguous Post-Termination Trade-Name Clauses Defeat Rule 12 Dismissal of Trademark Claims Case: Ascent Classical Academies v. Ascent Classical Academy Charter Schools (with Lands’ End, Inc. as an...
Professional-Discipline Plaintiffs Cannot Proceed as “Roe” Absent Specific, Exceptional Proof Overcoming the Presumption of Open Courts 1. Introduction In Roe v. Colorado Judicial Department (10th...