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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

United States v. Prows: Affirmation of §2255 Motion Jurisdiction Amid Direct Appeals

United States v. Prows: Affirmation of §2255 Motion Jurisdiction Amid Direct Appeals

Date: Jun 2, 2006
United States v. Darrell Dean Prows: Affirmation of §2255 Motion Jurisdiction Amid Direct Appeals Introduction The case of United States of America v. Darrell Dean Prows, adjudicated by the United...
Affirmation of Qualified Immunity in Procedural Due Process Claims in Public Health Enforcement Actions

Affirmation of Qualified Immunity in Procedural Due Process Claims in Public Health Enforcement Actions

Date: Jun 1, 2006
Affirmation of Qualified Immunity in Procedural Due Process Claims in Public Health Enforcement Actions Introduction The case of Rick Camuglia, doing business as Paisano's Restaurant,...
Obstructed Temporary Vehicle Registration Justifies Traffic Stops and Valid Searches – Tenth Circuit's Ledesma Decision

Obstructed Temporary Vehicle Registration Justifies Traffic Stops and Valid Searches – Tenth Circuit's Ledesma Decision

Date: May 20, 2006
Obstructed Temporary Vehicle Registration Justifies Traffic Stops and Valid Searches – Tenth Circuit's Ledesma Decision Introduction The case of United States of America v. Concepcion Marie Ledesma...
Chilling Effect and Judicial Standing in Initiative Process: Comprehensive Analysis of Da v. Jones

Chilling Effect and Judicial Standing in Initiative Process: Comprehensive Analysis of Da v. Jones

Date: May 18, 2006
Chilling Effect and Judicial Standing in Initiative Process: Comprehensive Analysis of Da v. Jones Introduction The case of Initiative and Referendum Institute et al. v. Olene Walker et al. revolves...
Tenth Circuit Clarifies Asylum Application Timeliness Post-REAL ID Act in Diallo v. Gonzales

Tenth Circuit Clarifies Asylum Application Timeliness Post-REAL ID Act in Diallo v. Gonzales

Date: May 13, 2006
Tenth Circuit Clarifies Asylum Application Timeliness Post-REAL ID Act in Diallo v. Gonzales Introduction In Diallo v. Gonzales, 447 F.3d 1274 (10th Cir. 2006), the United States Court of Appeals for...
Enhanced Duty of Administrative Law Judges to Develop Records in Social Security Disability Claims: Madrid v. Barnhart

Enhanced Duty of Administrative Law Judges to Develop Records in Social Security Disability Claims: Madrid v. Barnhart

Date: May 13, 2006
Enhanced Duty of Administrative Law Judges to Develop Records in Social Security Disability Claims: Madrid v. Barnhart Introduction The case of Tony L. Madrid v. Jo Anne B. Barnhart, Commissioner of...
No Statutory Right to Effective Assistance of Counsel in Title VII Cases: Analysis of Nelson v. Boeing

No Statutory Right to Effective Assistance of Counsel in Title VII Cases: Analysis of Nelson v. Boeing

Date: May 4, 2006
No Statutory Right to Effective Assistance of Counsel in Title VII Cases: Analysis of Nelson v. Boeing Introduction The case of Michael J. Nelson v. The Boeing Company, adjudicated by the United...
10th Circuit Establishes Broadened Appellate Review of Sentences Within Guidelines Range Post-Booker

10th Circuit Establishes Broadened Appellate Review of Sentences Within Guidelines Range Post-Booker

Date: May 4, 2006
10th Circuit Establishes Broadened Appellate Review of Sentences Within Guidelines Range Post-Booker Introduction In the landmark case of United States v. Lorenzo Sanchez-Juarez, 446 F.3d 1109 (10th...
Affirmation of Disparity Measures in Ineffective Assistance of Counsel Claims

Affirmation of Disparity Measures in Ineffective Assistance of Counsel Claims

Date: May 3, 2006
Affirmation of Disparity Measures in Ineffective Assistance of Counsel Claims Introduction In United States v. Keith Lamar Orange, 447 F.3d 792 (10th Cir. 2006), the United States Court of Appeals...
Reaffirming Indictment Sufficiency: Tenth Circuit Upholds Firearm Possession Charge in United States v. Todd

Reaffirming Indictment Sufficiency: Tenth Circuit Upholds Firearm Possession Charge in United States v. Todd

Date: May 2, 2006
Reaffirming Indictment Sufficiency: Tenth Circuit Upholds Firearm Possession Charge in United States v. Todd Introduction United States of America v. Jared Lee Todd (446 F.3d 1062, 10th Cir. 2006) is...
Tenth Circuit Limits Qualified Immunity for Probation Officers in Unreasonable Residential Searches

Tenth Circuit Limits Qualified Immunity for Probation Officers in Unreasonable Residential Searches

Date: Apr 26, 2006
Tenth Circuit Limits Qualified Immunity for Probation Officers in Unreasonable Residential Searches Introduction The case of Carly Bliss and Dale Trask v. Larry Franco, Jon Lund, and Archie Smith,...
Martinez v. Barnhart: Establishing Standards for Appeals Council Remand Orders in Social Security Disability Cases

Martinez v. Barnhart: Establishing Standards for Appeals Council Remand Orders in Social Security Disability Cases

Date: Apr 26, 2006
Martinez v. Barnhart: Establishing Standards for Appeals Council Remand Orders in Social Security Disability Cases Introduction The case of Gabriel M. Martinez versus Jo Anne B. Barnhart,...
Domicile Presumption and Diversity Jurisdiction in KTCA Claims: Insights from Smith v. Cummings

Domicile Presumption and Diversity Jurisdiction in KTCA Claims: Insights from Smith v. Cummings

Date: Apr 25, 2006
Domicile Presumption and Diversity Jurisdiction in KTCA Claims: Insights from Smith v. Cummings Introduction Smith v. Cummings is a pivotal case decided by the United States Court of Appeals for the...
Affirmation of Waiver in Supervised Release Conditions and Jury Instruction Adherence under 18 U.S.C. § 875(c): United States v. Teague

Affirmation of Waiver in Supervised Release Conditions and Jury Instruction Adherence under 18 U.S.C. § 875(c): United States v. Teague

Date: Apr 22, 2006
Affirmation of Waiver in Supervised Release Conditions and Jury Instruction Adherence under 18 U.S.C. § 875(c): United States v. Teague Introduction The case of United States of America,...
Affirmation of Heavy Weight to Sentencing Guidelines in Terrell Case

Affirmation of Heavy Weight to Sentencing Guidelines in Terrell Case

Date: Apr 21, 2006
Affirmation of Heavy Weight to Sentencing Guidelines in Terrell Case Introduction The case of United States of America v. Richard Terrell (445 F.3d 1261) presents a pivotal examination of the weight...
Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera

Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera

Date: Apr 20, 2006
Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera Introduction United States of America v. Robert J. Herrera, 444 F.3d 1238 (10th Cir. 2006), is a pivotal case...
Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA

Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA

Date: Apr 20, 2006
Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA Introduction The case of Stuart T. GUTTMAN, M.D., Plaintiff-Appellant, v. G.T.S. KHALSA, Li (446 F.3d 1027)...
Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States

Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States

Date: Apr 19, 2006
Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States Introduction The case of UNITED STATES of America, Plaintiff-Appellee, v. Roberto Alejandro LOPEZ-FLORES,...
Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group

Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group

Date: Apr 11, 2006
Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group Introduction The case of Joann D. Haberman v. The...
Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance

Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance

Date: Apr 7, 2006
Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance Introduction In Utah Environmental Congress (UEC) v. Bosworth, 443 F.3d 732 (10th Cir. 2006), the United...
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