10th Circuit Case Commentaries

Affirmation of Drug Manufacturing Convictions with Revised Sentencing Guidelines

Date: Mar 12, 2002

Affirmation of Drug Manufacturing Convictions with Revised Sentencing Guidelines Introduction In the landmark case of United States v. Higgins, Caple, and Jinks (282 F.3d 1261), the United States...

Proper Use of Federal Rule 60(b): Clarifying Grounds for Fraud on the Court and Void Judgments

Date: Mar 9, 2002

Proper Use of Federal Rule 60(b): Clarifying Grounds for Fraud on the Court and Void Judgments Introduction In the landmark case UNITED STATES of America v. Daniel S. Buck and Ripley Berryhill,...

Establishing Original Source Status under the False Claims Act: Stone v. Rockwell International Corp.

Date: Mar 5, 2002

Establishing Original Source Status under the False Claims Act: Stone v. Rockwell International Corp. Introduction In the landmark case of United States of America, ex rel. James S. Stone v. Rockwell...

Expansion of Section 510(b) Subordination to Include Fraudulent Retention Claims: IN RE GENEVA STEEL COmpany

Date: Feb 28, 2002

Expansion of Section 510(b) Subordination to Include Fraudulent Retention Claims: IN RE GENEVA STEEL COmpany Introduction The case IN RE GENEVA STEEL COmpany, Debtor. Richard M. Allen, Appellant, v....

Tenth Circuit Clarifies Procedural Boundaries for Successive §2255 Petitions and Coram Nobis Challenges

Date: Feb 22, 2002

Tenth Circuit Clarifies Procedural Boundaries for Successive §2255 Petitions and Coram Nobis Challenges Introduction The case of United States of America v. Raymond Torres, 282 F.3d 1241 (10th Cir....

Exhaustion of Administrative Remedies Under ADA and Limitations of FMLA Protections: McBride v. CITGO Petroleum Corporation

Date: Feb 22, 2002

Exhaustion of Administrative Remedies Under ADA and Limitations of FMLA Protections: McBride v. CITGO Petroleum Corporation Introduction Elizabeth McBride v. CITGO Petroleum Corporation is a pivotal...

Affirmation Upholding Felony Murder Instructions and Victim Impact Evidence in Capital Sentencing

Date: Feb 21, 2002

Affirmation Upholding Felony Murder Instructions and Victim Impact Evidence in Capital Sentencing Introduction In the case of Scott Allen Hain v. Gary E. Gibson, Warden, adjudicated by the United...

Equal Protection and Initiative Powers: Tenth Circuit Upholds Colorado Statutory County Restrictions

Date: Feb 8, 2002

Equal Protection and Initiative Powers: Tenth Circuit Upholds Colorado Statutory County Restrictions Introduction The case of Save Palisade FruitLands, along with its members Harry C. Talbott, Galen...

Reaffirmation of Federal Sovereignty in Wildlife Management under NWRSIA: Insights from Wyoming v. FWS

Date: Feb 8, 2002

Reaffirmation of Federal Sovereignty in Wildlife Management under NWRSIA: Insights from State of Wyoming v. United States Introduction The case of State of Wyoming; Wyoming Governor v. United States...

Tenth Circuit Upholds Statute of Limitations and Jurisdiction in Union Representation Claims Following Railroad Merger

Date: Feb 6, 2002

Tenth Circuit Upholds Statute of Limitations and Jurisdiction in Union Representation Claims Following Railroad Merger Introduction The case of James Spaulding, Lyn Swonger, Donald L. Inman, William...

Effective Assistance of Counsel Affirmed in Death Penalty Appeal: ROMANO v. GIBSON

Date: Jan 26, 2002

Effective Assistance of Counsel Affirmed in Death Penalty Appeal: ROMANO v. GIBSON Introduction ROMANO v. GIBSON, 278 F.3d 1145 (10th Cir. 2002), is a pivotal case in the realm of post-conviction...

Reinforcing Standards for Prosecutorial Misconduct and Vulnerable Victim Enhancements: United States v. Caballero

Date: Jan 25, 2002

Reinforcing Standards for Prosecutorial Misconduct and Vulnerable Victim Enhancements: United States v. Caballero Introduction In the landmark case of United States of America v. Flor Caballero (277...

Fields v. Gibson: Upholding Standards for Voluntary Guilty Pleas and Effective Counsel in Capital Sentencing

Date: Jan 18, 2002

Fields v. Gibson: Upholding Standards for Voluntary Guilty Pleas and Effective Counsel in Capital Sentencing Introduction Bobby Joe Fields, the petitioner-appellant, challenged his death sentence in...

Younger's Abstention Doctrine Refined: Eleventh Amendment Does Not Bar Class Actions Against State Child Welfare Departments

Date: Jan 8, 2002

Younger's Abstention Doctrine Refined: Eleventh Amendment Does Not Bar Class Actions Against State Child Welfare Departments Introduction The case of Joseph A. et al. v. Lawrence B. Ingram et al....

Remand Granted for Ineffective Assistance of Counsel in Presentation of Steroid-Use Mitigation Evidence: Sallahdin v. Gibson

Date: Jan 5, 2002

Remand Granted for Ineffective Assistance of Counsel in Presentation of Steroid-Use Mitigation Evidence: Sallahdin v. Gibson Introduction In the landmark case of Sharieff Imani Sallahdin v. Gary...

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