U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury (Okla. Stat. tit. 21, § 843.5(A)) Sentenced in Federal Indian-Country Prosecutions 1. Introduction In United...
U.S.S.G. § 2A2.2 (Aggravated Assault) Is the “Most Analogous” Guideline for Oklahoma Child Abuse by Injury Under U.S.S.G. § 2X5.1 Case: United States v. Smith (10th Cir. June 9, 2026) (published)...
Spitz v. Starr: Illinois “Most Significant Relationship” Points to the Underlying Litigation Forum in Failure-to-Settle Torts; No Direct Appellate Review of an Out-of-Circuit § 1404(a) Transfer...
Jarvis v. Liggett: No Deliberate Indifference Where Transporting Officers Lack Scheduling Responsibility and Reasonably Respond to Dental Pain 1. Introduction In Jarvis v. Liggett (10th Cir. June 10,...
Qualified-Immunity Interlocutory Appeals: No Jurisdiction for Fact-Reweighing Disguised as “Clearly Established” Arguments Estate of Richard Ward v. Lucero (10th Cir. June 10, 2026) 1. Introduction...
Oklahoma Child-Abuse-by-Injury Has a “Sufficiently Analogous” Guideline: U.S.S.G. § 2A2.2 (Aggravated Assault) Applies Under U.S.S.G. § 2X5.1 Case: United States v. Smith (10th Cir. June 9, 2026)...
U.S.S.G. § 2A2.2 Is the “Most Analogous” Guideline for Oklahoma Child-Abuse-by-Injury Under U.S.S.G. § 2X5.1 I. Introduction United States v. Smith (10th Cir. June 9, 2026) arises from the...
Actual-Innocence Gateway After AEDPA Time Bar: Alternative Medical Theories Must Undermine the Totality of Abuse Evidence to Merit a COA 1. Introduction Lunsford v. Green (No. 26-6037) is a Tenth...
Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice Case: New Mexico Cattle Growers' Association v. United States...
ADA Pleading Rule for Court-Record Access: Denial Based on Nonpublic Status Is Not Disability Discrimination or Retaliation Without Plausible Disability-Based Causation Introduction In Lawson v....
Post-Appeal Rule 60(a) Amendments Are Nullities Absent Appellate Leave; Ministerial Omissions Do Not Defeat Finality Case: United States v. Davison (10th Cir. June 2, 2026) (Order and Judgment;...
Actual-Innocence Gateway Requires “Newly Presented” Evidence—Trial-Evidence Excerpts (e.g., Screenshots) Do Not Excuse AEDPA Untimeliness Introduction Johnson v. Rankins (10th Cir. June 2, 2026) is...
United States v. Bailey: Mootness of Early-Termination Appeals After Revocation or Expiration of Supervised Release 1. Introduction In United States v. Bailey (10th Cir. June 2, 2026), the Tenth...
Procedural Revocation-Sentencing Challenges Are Waived Without a Plain-Error Argument; General Advocacy for a Shorter Term Preserves Substantive Review I. Introduction United States v. Sletten (10th...
Rule 50 Noncompliance Waives Sufficiency-of-the-Evidence Review on Appeal—No Plain-Error Backstop Case: Nelson v. Toyota Motor Corporation, No. 24-1408 (10th Cir. June 1, 2026) (Order and Judgment,...
Federal Bad-Faith Fee Awards in Diversity: Knowing Violation of a Release Plus Concealment Can Satisfy the “Without Color” and “Improper Purpose” Test 1. Introduction Banner Bank v. Smith (10th Cir....
Specificity Required for Equitable Tolling of Untimely Motions to Reopen: Detention and Pro Se Status Alone Are Not Enough Case: Bonilla-Espinoza v. Blanche (10th Cir. June 1, 2026) (published) 1....
APA § 706(1) Relief Is Unavailable Once the Secretary Has Acted Through a Lawful BLM Delegation 1. Introduction In Wyo-Ben v. Burgum (10th Cir. June 1, 2026), petitioner-appellant Wyo-Ben, Inc....
Express Reopening Conditions Govern Administrative Closures: Only a Transfer “Out Of” the Facility Triggers Reopening I. Introduction In Vreeland v. Jacobson (10th Cir. May 27, 2026), a Colorado...
Delegated Arbitrability Binds Courts: Arbitrator May Permit Litigation of Non-Signatory Tort Claims Absent an Arbitration Agreement Case: SJH 11 LLC v. Dowbuilt, Inc. (No. 25-8037) — United States...