10th Circuit Case Commentaries

United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i)

Date: May 31, 2025

United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i) Introduction United States v. Peppers, 10th Cir. (May 30, 2025), addresses...

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...

Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Date: May 30, 2025

Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy Introduction United States v. Maryboy, 23-4117 (10th Cir. May 29, 2025), presents two intertwined questions...

House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

Date: May 30, 2025

House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability Introduction In House v. Long, 10th Cir. No. 25-1119 (May 29, 2025), the United States Court of Appeals...

United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

Date: May 30, 2025

United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d) Introduction United States v. Ruston is a 2025 decision of the Tenth Circuit Court of Appeals that...

Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Date: May 30, 2025

Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review Introduction Jenkins v. Bridges is a decision of the United States Court of Appeals for the Tenth...

Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9)

Date: May 29, 2025

Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9) Introduction The Tenth Circuit’s decision in United States v. Jackson (No. 23-6047, 2025)...

Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat

Date: May 29, 2025

Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat Introduction Cruz v. City of Deming is a 2025 decision of the United States Court of Appeals for the Tenth Circuit addressing...

Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Date: May 29, 2025

Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth Introduction Laber v. Hegseth, No. 23-3157 (10th Cir. May 28, 2025), arises from a pro...

Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary

Date: May 29, 2025

Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary Introduction The case of United States v. Jim arises from a pro se §2255 collateral attack by federal...

United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1)

Date: May 28, 2025

United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1) Introduction United States v. Adams is a 2025 decision by the Tenth Circuit...

Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding

Date: May 28, 2025

Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding Introduction The Tenth Circuit’s order in Harjo v. Harding (No. 25-5023, May 27,...

Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions

Date: May 28, 2025

Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions Introduction Brandt v. Cimarron Correctional Facility and Staff (10th Cir. May 27, 2025) arises from a pro se...

Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich

Date: May 24, 2025

Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich Introduction Gottorff v. Michelich, decided May 23, 2025 by the Tenth...

Implied Threat Findings Uphold 18 U.S.C. § 922(g)(8)(C)(ii) Against Facial Second Amendment Challenge

Date: May 23, 2025

Implied Threat Findings Uphold 18 U.S.C. § 922(g)(8)(C)(ii) Against Facial Second Amendment Challenge Introduction United States v. Brown (10th Cir. May 22, 2025) addresses whether 18 U.S.C. §...

Reaffirming the “Clear and Unequivocal” Invocation Standard and AEDPA Deference in Federal Habeas Appeals: Ruhl v. Williams

Date: May 23, 2025

Reaffirming the “Clear and Unequivocal” Invocation Standard and AEDPA Deference in Federal Habeas Appeals: Ruhl v. Williams Introduction Ruhl v. Williams is a 2025 decision of the United States Court...

Facial Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii) Firearm Prohibition Affirmed

Date: May 23, 2025

Facial Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii) Firearm Prohibition Affirmed Introduction The Court of Appeals for the Tenth Circuit addressed a facial Second Amendment challenge to 18...

Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters

Date: May 23, 2025

Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters Introduction United States v. Walters (10th Cir. May 22, 2025) involved an appeal by Edward Walters from a...

Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge

Date: May 23, 2025

Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge 1. Introduction This commentary examines the Tenth...

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