10th Circuit Case Commentaries

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...

Establishing Standards for Computer Evidence Seizure and Scope of Search Warrants in United States v. Walser

Date: Dec 29, 2001

Establishing Standards for Computer Evidence Seizure and Scope of Search Warrants in United States v. Walser Introduction In the landmark case of United States v. Russell Lane Walser, 275 F.3d 981...

Preclusion of Bivens Claims by Section 2676 in the Tenth Circuit: Farmer v. Perrill

Date: Dec 27, 2001

Preclusion of Bivens Claims by Section 2676 in the Tenth Circuit: Farmer v. Perrill Introduction Dee Deidre Farmer, a transsexual inmate, initiated a lawsuit against William Perrill, the Warden of...

Reaffirming Expert Qualification Standards in Failure to Warn Claims: Ralston v. Smith Nephew

Date: Dec 27, 2001

Reaffirming Expert Qualification Standards in Failure to Warn Claims: Ralston v. Smith Nephew Introduction Ralston v. Smith Nephew, Inc., 275 F.3d 965 (10th Cir. 2001) is a pivotal case addressing...

Appellate Review Limitations on Remand Orders: Kennedy v. Lubar

Date: Dec 18, 2001

Appellate Review Limitations on Remand Orders: Kennedy v. Lubar Introduction In the case of Lisa T. Kennedy v. Clemence Lubar, decided by the United States Court of Appeals for the Tenth Circuit on...

Private Cause of Action under Section 15 of the Securities Exchange Act Denied in Sheldon v. Vermonty

Date: Dec 11, 2001

Private Cause of Action under Section 15 of the Securities Exchange Act Denied in Sheldon v. Vermonty Introduction Sheldon v. Vermonty is a significant case adjudicated in the United States District...

Tenth Circuit Affirms Oklahoma's Retrospective Victim Impact Evidence Admission in Capital Sentencing

Date: Dec 8, 2001

Tenth Circuit Affirms Oklahoma's Retrospective Victim Impact Evidence Admission in Capital Sentencing Introduction In the case of Jay Wesley NEILL v. Gary GIBSON, the United States Court of Appeals...

Establishing Reasonable Suspicion in Routine Traffic Stops: United States v. Callarman

Date: Dec 8, 2001

Establishing Reasonable Suspicion in Routine Traffic Stops: United States v. Callarman Introduction United States v. Curtis Dennis Callarman, 273 F.3d 1284 (10th Cir. 2001), is a pivotal case that...

Federal Jurisdiction and Diversity in Intellectual Property Disputes: Insights from AMAZON, INC. v. DIRT CAMP, INC.

Date: Dec 7, 2001

Federal Jurisdiction and Diversity in Intellectual Property Disputes: Insights from AMAZON, INC. v. DIRT CAMP, INC. Introduction The case of AMAZON, INC., Plaintiff-Counter-Defendant-Appellee, v....

Reversing Summary Judgment in Racial Discrimination Case: McCowan, Luna & Guerrero v. All Star Maintenance

Date: Dec 1, 2001

Reversing Summary Judgment in Racial Discrimination Case: McCowan, Luna & Guerrero v. All Star Maintenance Introduction The case of Warren N. McCowan, Johnny P. Luna, and Steve E. Guerrero v. All...

Affirmation of ALJ's Discretion in Evaluating Disability Claims: White v. Massanari

Date: Nov 29, 2001

Affirmation of ALJ's Discretion in Evaluating Disability Claims: White v. Massanari Introduction Parties Involved: Plaintiff-Appellant: Barbara J. White Defendant-Appellee: Larry G. Massanari, Acting...

Affirmation of Reasonable Suspicion in Traffic Stops: Williams v. United States

Date: Nov 29, 2001

Affirmation of Reasonable Suspicion in Traffic Stops: Williams v. United States Introduction Williams v. United States (271 F.3d 1262, United States Court of Appeals, Tenth Circuit, 2001) is a...

Adams v. United States: Tenth Circuit Affirms Exclusion of Expert Psychological Testimony on Credibility

Date: Nov 28, 2001

Adams v. United States: Tenth Circuit Affirms Exclusion of Expert Psychological Testimony on Credibility Introduction In United States v. Dale L. Adams, 271 F.3d 1236 (10th Cir. 2001), the United...

Recognition of Exclusive Remedy Provisions Across State Lines: Stuart v. Colorado Interstate Gas Company