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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Clarifies Double Jeopardy Limits on § 924(c) Firearm Violations under the Hobbs Act

Tenth Circuit Clarifies Double Jeopardy Limits on § 924(c) Firearm Violations under the Hobbs Act

Date: Apr 19, 2001
Tenth Circuit Clarifies Double Jeopardy Limits on § 924(c) Firearm Violations under the Hobbs Act Introduction The United States Court of Appeals for the Tenth Circuit, in the case of United States...
Restricting Inmate Correspondence: Tenth Circuit Upholds Dismissal in Curley v. Perry

Restricting Inmate Correspondence: Tenth Circuit Upholds Dismissal in Curley v. Perry

Date: Apr 19, 2001
Restricting Inmate Correspondence: Tenth Circuit Upholds Dismissal in Curley v. Perry Introduction In the case of George Michael Curley v. Rob Perry, Secretary of Corrections, et al., the United...
Collateral Estoppel Precluding Relitigation of Jurisdictional Issues: Matosantos Commercial Corp. v. Applebee's International, Inc.

Collateral Estoppel Precluding Relitigation of Jurisdictional Issues: Matosantos Commercial Corp. v. Applebee's International, Inc.

Date: Apr 17, 2001
Collateral Estoppel Precluding Relitigation of Jurisdictional Issues: Matósantos Commercial Corp. v. Applebee's International, Inc. Introduction In the landmark case of Matosantos Commercial...
United States v. Tisdale: Affirming Good Faith Exception and Discretionary Concurrent Sentencing

United States v. Tisdale: Affirming Good Faith Exception and Discretionary Concurrent Sentencing

Date: Apr 17, 2001
United States v. Tisdale: Affirming Good Faith Exception and Discretionary Concurrent Sentencing Introduction United States v. Bryan E. Tisdale is a notable case decided by the United States Court of...
Equitable Tolling in Forfeiture Actions: Insights from CLYMORE v. UNITED STATES

Equitable Tolling in Forfeiture Actions: Insights from CLYMORE v. UNITED STATES

Date: Apr 14, 2001
Equitable Tolling in Forfeiture Actions: Insights from CLYMORE v. UNITED STATES Introduction In United States of America v. Craig Clymore, 245 F.3d 1195 (10th Cir. 2001), the United States Court of...
Requiring Specific Findings for Transferable Skills in Disability Appeals: Dikeman v. Halter

Requiring Specific Findings for Transferable Skills in Disability Appeals: Dikeman v. Halter

Date: Apr 13, 2001
Requiring Specific Findings for Transferable Skills in Disability Appeals: Dikeman v. Halter Analysis Introduction Dikeman v. Halter is a significant decision by the United States Court of Appeals...
Establishing a Bona Fide Doubt Standard for Procedural Competency Claims: McGREGOR v. GIBSON

Establishing a Bona Fide Doubt Standard for Procedural Competency Claims: McGREGOR v. GIBSON

Date: Apr 12, 2001
Establishing a Bona Fide Doubt Standard for Procedural Competency Claims: McGREGOR v. GIBSON Introduction Billy Keith McGregor v. Gary Gibson, Warden, Oklahoma State Penitentiary, 248 F.3d 946 (10th...
Gender Discrimination in Academic Program Withdrawal: Gossett v. State of Oklahoma

Gender Discrimination in Academic Program Withdrawal: Gossett v. State of Oklahoma

Date: Apr 11, 2001
Gender Discrimination in Academic Program Withdrawal: Gossett v. State of Oklahoma Introduction Marty Gossett v. State of Oklahoma ex rel. Board of Regents for Langston University and the...
Qualified Immunity in Excessive Force Claims: Analysis of Gross v. Pirtle and Dona Ana County

Qualified Immunity in Excessive Force Claims: Analysis of Gross v. Pirtle and Dona Ana County

Date: Apr 10, 2001
Qualified Immunity in Excessive Force Claims: Analysis of Gross v. Pirtle and Dona Ana County Introduction The case of William Gross v. Deputy Quent Pirtle and Dona Ana County delves into critical...
Affirmation of EMTALA Compliance: Crystal Star Phillips v. Hillcrest Medical Center

Affirmation of EMTALA Compliance: Crystal Star Phillips v. Hillcrest Medical Center

Date: Mar 27, 2001
Affirmation of EMTALA Compliance: Crystal Star Phillips v. Hillcrest Medical Center Introduction Crystal Star Phillips, individually and as next of kin to Martin Shane Phillips, et al. v. Hillcrest...
Due Process Standards in Military Educational Institutions: Insights from Watson v. Beckel

Due Process Standards in Military Educational Institutions: Insights from Watson v. Beckel

Date: Mar 20, 2001
Due Process Standards in Military Educational Institutions: Insights from Watson v. Beckel Introduction In the landmark case of Daniel Watson v. Beckel, the United States Court of Appeals for the...
Compelled Disclosure of Social Security Records in Retaliatory Discharge Cases: Rodriguez v. IBP, Inc.

Compelled Disclosure of Social Security Records in Retaliatory Discharge Cases: Rodriguez v. IBP, Inc.

Date: Mar 15, 2001
Compelled Disclosure of Social Security Records in Retaliatory Discharge Cases: Rodriguez v. IBP, Inc. 1. Introduction The case of Pascual R. Rodriguez v. IBP, Inc. addresses significant issues...
Search of Rental Vehicle Not Justified as Search Incident to Arrest: Edwards Precedent

Search of Rental Vehicle Not Justified as Search Incident to Arrest: Edwards Precedent

Date: Mar 10, 2001
Search of Rental Vehicle Not Justified as Search Incident to Arrest: Edwards Precedent Introduction The case of United States of America v. Christopher Alan Edwards (632 F.3d 633) presents a...
Tenth Circuit Clarifies RFRA’s Applicability to Federal Officials Post-Flores in Kikumura v. Hurley

Tenth Circuit Clarifies RFRA’s Applicability to Federal Officials Post-Flores in Kikumura v. Hurley

Date: Mar 10, 2001
Tenth Circuit Clarifies RFRA’s Applicability to Federal Officials Post-Flores in Kikumura v. Hurley Introduction In the case of Yu Kikumura v. John M. Hurley, E.J. Gallegos, et al., the United States...
Strict Limits on Search Incident to Arrest in Vehicle Searches: United States v. Edwards

Strict Limits on Search Incident to Arrest in Vehicle Searches: United States v. Edwards

Date: Mar 10, 2001
Strict Limits on Search Incident to Arrest in Vehicle Searches: United States v. Edwards Introduction United States v. Christopher Alan Edwards (632 F.3d 633, 10th Cir. 2001) represents a pivotal...
Deliberate Indifference in Prison Medical Care: Oxendine v. Kaplan Establishes New Standards

Deliberate Indifference in Prison Medical Care: Oxendine v. Kaplan Establishes New Standards

Date: Mar 7, 2001
Deliberate Indifference in Prison Medical Care: Oxendine v. Kaplan Establishes New Standards Introduction The case of Horace Oxendine v. Barry R.G. Kaplan, M.D., and Jose A. Negron (241 F.3d 1272)...
Eighth Amendment Protections Against Inmate Deliberate Indifference: Benefield v. McDowall

Eighth Amendment Protections Against Inmate Deliberate Indifference: Benefield v. McDowall

Date: Mar 6, 2001
Eighth Amendment Protections Against Inmate Deliberate Indifference: Benefield v. McDowall Introduction Lonnie Benefield v. C.O. McDowall is a significant case decided by the United States Court of...
Tenth Circuit Establishes 'Danger Creation' Liability and Refines Qualified Immunity Standards in Child Abuse Case

Tenth Circuit Establishes 'Danger Creation' Liability and Refines Qualified Immunity Standards in Child Abuse Case

Date: Mar 2, 2001
Tenth Circuit Establishes 'Danger Creation' Liability and Refines Qualified Immunity Standards in Child Abuse Case Introduction In the landmark case of Charles C. CURRIER, as personal representative...
Deliberate Indifference in Prison Medical Care: McBride v. Deer Establishes New Standards

Deliberate Indifference in Prison Medical Care: McBride v. Deer Establishes New Standards

Date: Mar 2, 2001
Deliberate Indifference in Prison Medical Care: McBride v. Deer Establishes New Standards Introduction In Joe R. McBride v. Russell Deer, Major; Sonny Briggs; Dr. Har, 240 F.3d 1287 (10th Cir. 2001),...
10th Circuit Affirms Good-Faith Exception Despite Insufficient Probable Cause in Anonymous Tip Warrant

10th Circuit Affirms Good-Faith Exception Despite Insufficient Probable Cause in Anonymous Tip Warrant

Date: Mar 2, 2001
10th Circuit Affirms Good-Faith Exception Despite Insufficient Probable Cause in Anonymous Tip Warrant Introduction In United States v. Christopher Shawn Tuter, 240 F.3d 1292 (10th Cir. 2001), the...
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