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  • Commentaries
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10th Circuit Case Commentaries

Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales

Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales

Date: Apr 7, 2006
Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales Introduction The case of Omon Uanreroro v. Alberto R. Gonzales addresses critical issues surrounding asylum claims based on cultural...
Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies

Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies

Date: Apr 5, 2006
Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies Introduction The case of Kenneth Dulworth v. Edward L. Evans (442...
Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE

Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE

Date: Apr 5, 2006
Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE Introduction Brenda Johnson, the Plaintiff-Appellant, brought forth a class-action lawsuit...
Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago

Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago

Date: Mar 31, 2006
Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago Introduction United States of America v. George Erman Dago,...
Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano

Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano

Date: Mar 31, 2006
Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano Introduction In the case of United States of America v. Gerardo Alcaraz-Arellano, decided by the...
Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief

Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief

Date: Mar 30, 2006
Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief Introduction In the landmark decision of MO'S EXPRESS, LLC v. City Express, the United States Court of...
Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act

Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act

Date: Mar 29, 2006
Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act Introduction The case of United States of America v. Clyde Apperson and William Leonard Pickard (Nos. 03-3368,...
Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations

Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations

Date: Mar 28, 2006
Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations Introduction In the case of PARK UNIVERSITY ENTERPRISES, INC. v. AMERICAN CASUALTY COMPANY OF READING, PA., the...
Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent

Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent

Date: Mar 25, 2006
Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent Introduction In the case of UNITED STATES of America v. Martha Cecilia Mares, the United States Court of Appeals...
Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka

Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka

Date: Mar 22, 2006
Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka Introduction The case of James L. Bolden v. City of Topeka, Kansas, 441 F.3d 1129 (10th Cir. 2006), stands as...
Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP.

Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP.

Date: Mar 15, 2006
Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP. Introduction In the case of Warren D. Nicodemus, Trustee of the Warren D. Nicodemus Living Trust...
Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions

Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions

Date: Mar 14, 2006
Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions Introduction In the case of Lawrence J. Steinert v. Winn Group, Inc., decided by the United...
Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett

Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett

Date: Mar 11, 2006
Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett Introduction In the landmark case United States of America v. Stephen...
Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals

Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals

Date: Mar 10, 2006
Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals Introduction In Allender v. Raytheon Aircraft Company, 439 F.3d 1236...
10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care

10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care

Date: Mar 8, 2006
10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care Introduction Brian Self, the plaintiff-appellant, filed a lawsuit against Dr. Peter Crum, the treating...
Affirmation of Summary Judgment in "Class of One" Equal Protection Claim: JICARILLA APACHE NATION v. RIO ARRIBA County

Affirmation of Summary Judgment in "Class of One" Equal Protection Claim: JICARILLA APACHE NATION v. RIO ARRIBA County

Date: Mar 2, 2006
Affirmation of Summary Judgment in "Class of One" Equal Protection Claim: JICARILLA APACHE NATION v. RIO ARRIBA County Introduction The case of JICARILLA APACHE NATION v. RIO ARRIBA County revolves...
Defining Sufficiency of Evidence and Sentencing Compliance in United States v. Rollie P. Brooks

Defining Sufficiency of Evidence and Sentencing Compliance in United States v. Rollie P. Brooks

Date: Mar 2, 2006
Defining Sufficiency of Evidence and Sentencing Compliance in United States v. Rollie P. Brooks Introduction United States v. Rollie P. Brooks, 438 F.3d 1231 (10th Cir. 2006), is a pivotal case that...
Qualified Immunity Not Extending to Workplace Pranks Involving Mock Arrests: Fuerschbach v. Southwest Airlines

Qualified Immunity Not Extending to Workplace Pranks Involving Mock Arrests: Fuerschbach v. Southwest Airlines

Date: Mar 1, 2006
Qualified Immunity Not Extending to Workplace Pranks Involving Mock Arrests: Fuerschbach v. Southwest Airlines Introduction The case of Marcie Fuerschbach v. Southwest Airlines Co., et al. (439 F.3d...
Upholding Fair Trial Standards in Inmate Abuse Conspiracy Convictions: United States v. LaVallee, Schultz, and Verbickas

Upholding Fair Trial Standards in Inmate Abuse Conspiracy Convictions: United States v. LaVallee, Schultz, and Verbickas

Date: Mar 1, 2006
Upholding Fair Trial Standards in Inmate Abuse Conspiracy Convictions: United States v. LaVallee, Schultz, and Verbickas Introduction The case of United States of America v. Mike LaVallee, Rod...
Tenancy and Sovereign Immunity: Insights from Har v. Frank Robbins, 438 F.3d 1074 (10th Cir. 2006)

Tenancy and Sovereign Immunity: Insights from Har v. Frank Robbins, 438 F.3d 1074 (10th Cir. 2006)

Date: Feb 24, 2006
Tenancy and Sovereign Immunity: Insights from Har v. Frank Robbins, 438 F.3d 1074 (10th Cir. 2006) Introduction The case of Harvey Frank Robbins v. United States Bureau of Land Management (BLM)...
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