10th Circuit Case Commentaries

Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves

Date: Sep 15, 2001

Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves Introduction Kinnell v. Graves, decided by the United States Court of Appeals for the Tenth Circuit on September...

ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions

Date: Sep 13, 2001

ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions 1. Introduction Roy Lee ENGBERG v. STATE of Wyoming, 265 F.3d 1109 (10th Cir....

Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements

Date: Sep 12, 2001

Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements Introduction E.F.W.; and A.T.B. v. St. Stephen's Indian High School et al. is a seminal case adjudicated by the United...

Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens

Date: Sep 11, 2001

Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens Introduction The case of Wilfred L. Harris v. Bill Owens et al. adjudicated by the United States Court of...

Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co.

Date: Sep 8, 2001

Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co. Introduction The case of City of Philadelphia, acting through its Board of...

Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center

Date: Sep 8, 2001

Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center Introduction The case of United States of America ex...

Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion

Date: Sep 6, 2001

Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion Introduction In United States v. Holt, 264 F.3d 1215 (10th Cir. 2001), the United...

Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero

Date: Sep 6, 2001

Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero Introduction In the landmark case of Adam Poole v. County of Otero, adjudicated by the United States Court of...

Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre

Date: Sep 6, 2001

Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre Introduction The case of UNITED STATES of America v. Gabriel Rodriguez-Aguirre et al. (264 F.3d 1195),...

Enforcement of Appellate Waivers in Plea Agreements: U.S. v. Elliott

Date: Aug 31, 2001

Enforcement of Appellate Waivers in Plea Agreements: United States v. Travis Elliott Introduction In the case United States of America v. Travis Elliott, 264 F.3d 1171 (10th Cir. 2001), the United...

Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001)

Date: Aug 30, 2001

Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001) Introduction Hayes v. Whitman, a 2001 decision by the United States Court of Appeals for the Tenth...

Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I

Date: Aug 30, 2001

Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I Introduction The case of Colorado Cross Disability...

Establishing Voluntary Consent in Vehicle Searches: Insights from United States v. Zubia-Melendez

Date: Aug 25, 2001

Establishing Voluntary Consent in Vehicle Searches: Insights from United States v. Zubia-Melendez Introduction The case of United States of America, Plaintiff-Appellee, v. Lorenzo Zubia-Melendez,...

Affirmation of Qualified Immunity in § 1983 Claims: Erikson v. Pawnee County

Date: Aug 24, 2001

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal counsel, please consult a qualified attorney. Affirmation of Qualified Immunity...

AEDPA's One-Year Limitation on Habeas Petitions: Strict Enforcement and Limited Equitable Tolling in Fisher v. Gibson

Date: Aug 23, 2001

AEDPA's One-Year Limitation on Habeas Petitions: Strict Enforcement and Limited Equitable Tolling in Fisher v. Gibson Introduction John Hadley Fisher, the petitioner-appellant, is currently serving...

Restricting Appellate Attorneys' Fees Under 28 U.S.C. § 1447(c): The Tenth Circuit's Decision in Huffman v. Saul Holdings

Date: Aug 23, 2001

Restricting Appellate Attorneys' Fees Under 28 U.S.C. § 1447(c): The Tenth Circuit's Decision in Huffman v. Saul Holdings Introduction The case of Marshall Huffman and Virginia Newton v. Saul...

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10th Circuit Case Commentaries

Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves

ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions

Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements

Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens

Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co.

Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center

Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion

Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero

Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre

Enforcement of Appellate Waivers in Plea Agreements: U.S. v. Elliott

Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001)

Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I

Establishing Voluntary Consent in Vehicle Searches: Insights from United States v. Zubia-Melendez

Affirmation of Qualified Immunity in § 1983 Claims: Erikson v. Pawnee County

AEDPA's One-Year Limitation on Habeas Petitions: Strict Enforcement and Limited Equitable Tolling in Fisher v. Gibson

Restricting Appellate Attorneys' Fees Under 28 U.S.C. § 1447(c): The Tenth Circuit's Decision in Huffman v. Saul Holdings

Affirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: MILLER v. CHAMPION

Affirmation of Summary Judgment in §1983 Claims Against Public School Employers: Bartell v. Aurora Public Schools

Standing in Defendant Class Action Appeals: Insights from In re Integra Realty Resources, Inc.

Excited Utterance Exception Reinforced in Confrontation Clause Analysis