10th Circuit Case Commentaries

Ensuring Fair Access to Justice: Tenth Circuit's Landmark Decision in Walker v. UPS

Date: Feb 28, 2001

Ensuring Fair Access to Justice: Tenth Circuit's Landmark Decision in Walker v. UPS Introduction In the seminal case of Tonya Walker v. United Parcel Service, Inc., the United States Court of Appeals...

Defining Necessary Parties and Non-Discretionary Duties: Tenth Circuit’s Comprehensive Review in Sac and Fox Nation v. Graves

Date: Feb 28, 2001

Defining Necessary Parties and Non-Discretionary Duties: Tenth Circuit’s Comprehensive Review in Sac and Fox Nation v. Graves Introduction The case of Sac and Fox Nation of Missouri; Iowa Tribe of...

Tenth Circuit Upholds Death Sentences: Key Insights on Brady Compliance and Aggravating Factors

Date: Feb 14, 2001

Tenth Circuit Upholds Death Sentences: Key Insights on Brady Compliance and Aggravating Factors Introduction In the landmark case of John Joseph Romano and David Wayne Woodruff v. Gary Gibson,...

Affirmation of Search Probity and Career Offender Sentencing in United States v. Gay, Jr.

Date: Feb 13, 2001

Affirmation of Search Probity and Career Offender Sentencing in United States v. Gay, Jr., 240 F.3d 1222 Introduction United States of America v. Douglas Christopher Gay, Jr., 240 F.3d 1222,...

Municipal Immunity Under §1983 Confirmed: No Liability Without Individual Constitutional Violation

Date: Feb 8, 2001

Municipal Immunity Under §1983 Confirmed: No Liability Without Individual Constitutional Violation Introduction In the landmark case Jean F. Trigalet; Myra J. Trigalet, Personal Representatives of...

Interpretation of "Direct Review" Period under 28 U.S.C. §2244(d)(1)(A): Tenth Circuit Affirms Timely Habeas Petition

Date: Feb 1, 2001

Interpretation of "Direct Review" Period under 28 U.S.C. §2244(d)(1)(A): Tenth Circuit Affirms Timely Habeas Petition Introduction The case of Locke v. Saffle, 237 F.3d 1269 (10th Cir. 2001),...

Ghostwriting in Pro Se Litigation: Establishing Accountability in Duran v. Carris

Date: Feb 1, 2001

Ghostwriting in Pro Se Litigation: Establishing Accountability in Duran v. Carris Introduction Arthur Duran filed a RICO (Racketeer Influenced and Corrupt Organizations Act) claim against Dean Carris...

Retaliation Claims Under 42 U.S.C. §1981 Unaffected by §1981a Damages Cap: A Comprehensive Analysis of O'Neal v. Ferguson Construction Co.

Date: Jan 25, 2001

Retaliation Claims Under 42 U.S.C. §1981 Unaffected by §1981a Damages Cap: A Comprehensive Analysis of O'Neal v. Ferguson Construction Co. Introduction The case of Henry B. O'Neal v. Ferguson...

Reaffirmation of the Younger Abstention Doctrine in Occupational Licensing: Weitzel v. Division of Occupational and Professional Licensing

Date: Jan 25, 2001

Reaffirmation of the Younger Abstention Doctrine in Occupational Licensing: Weitzel v. Division of Occupational and Professional Licensing Introduction The case of Weitzel v. Division of Occupational...

Enforceability of § 2255 Waivers in Plea Agreements and Exceptions for Ineffective Assistance of Counsel Claims

Date: Jan 19, 2001

Enforceability of § 2255 Waivers in Plea Agreements and Exceptions for Ineffective Assistance of Counsel Claims Introduction The case of United States of America v. Tommy Don Cockerham (237 F.3d...

Affirmation of Chapter 20 Conversion Standards and Good Faith in Bankruptcy Proceedings: Mason v. Young

Date: Jan 17, 2001

Affirmation of Chapter 20 Conversion Standards and Good Faith in Bankruptcy Proceedings: Mason v. Young Introduction The case of Mason v. Young, adjudicated by the United States Court of Appeals for...

Affirmation of Heckard: Application of Apprendi to Drug Quantity Findings and Discretion in Supervised Release Terms

Date: Jan 9, 2001

Affirmation of Heckard: Application of Apprendi to Drug Quantity Findings and Discretion in Supervised Release Terms Introduction In the case of United States of America v. Terrance Dewayne Heckard,...

Preemption of State Law Claims under §301 LMRA: Comprehensive Analysis of Garley v. Sandia Corporation

Date: Jan 4, 2001

Preemption of State Law Claims under §301 LMRA: Comprehensive Analysis of Garley v. Sandia Corporation Introduction The case of Eloy Garley v. Sandia Corporation d/b/a Sandia Laboratories addresses...

Impact of Citizens for Responsible Government State Political Action Committee v. Davidson: Redefining Campaign Finance Laws in Colorado

Date: Dec 27, 2000

Impact of Citizens for Responsible Government State Political Action Committee v. Davidson: Redefining Campaign Finance Laws in Colorado Introduction The case of CITIZENS FOR RESPONSIBLE GOVERNMENT...

Affirmation of § 922(g)(1) Under the Commerce Clause and Sentencing Enhancements Post-Apprendi: UNITED STATES v. Mel (236 F.3d 582)

Date: Dec 23, 2000

Affirmation of § 922(g)(1) Under the Commerce Clause and Sentencing Enhancements Post-Apprendi: UNITED STATES v. Mel (236 F.3d 582) Introduction In UNITED STATES of America v. Melvin Eugene Dorris,...

Previous Next