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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

FTCA Jurisdiction and Independent Contractor Status: Comprehensive Analysis of Duplan v. United States

FTCA Jurisdiction and Independent Contractor Status: Comprehensive Analysis of Duplan v. United States

Date: Aug 12, 1999
FTCA Jurisdiction and Independent Contractor Status: Comprehensive Analysis of Duplan v. United States Introduction The case of Duplan v. United States presents a pivotal examination of the Federal...
Affirmation of Forest Service's Habitat Analysis and NEPA Compliance in Category III Ski Area Expansion

Affirmation of Forest Service's Habitat Analysis and NEPA Compliance in Category III Ski Area Expansion

Date: Aug 10, 1999
Affirmation of Forest Service's Habitat Analysis and NEPA Compliance in Category III Ski Area Expansion Introduction The case of Colorado Environmental Coalition; Defenders of Wildlife; Wilderness...
Affirmation of Habeas Corpus Denial: Competency and Mitigating Evidence in Bryson v. Ward

Affirmation of Habeas Corpus Denial: Competency and Mitigating Evidence in Bryson v. Ward

Date: Aug 7, 1999
Affirmation of Habeas Corpus Denial: Competency and Mitigating Evidence in Bryson v. Ward Introduction Bryson v. Ward is a significant case adjudicated by the United States Court of Appeals for the...
Deliberate Indifference Under Title IX: Penelope C. Murrell v. Denver Public Schools

Deliberate Indifference Under Title IX: Penelope C. Murrell v. Denver Public Schools

Date: Aug 5, 1999
Deliberate Indifference Under Title IX: Penelope C. Murrell v. Denver Public Schools Introduction The case of Penelope C. Murrell v. School District No.1, Denver, Colorado (186 F.3d 1238) adjudicated...
Ineffective Assistance of Counsel and Confrontation Rights: A Comprehensive Analysis of Hawkins v. Hannigan

Ineffective Assistance of Counsel and Confrontation Rights: A Comprehensive Analysis of Hawkins v. Hannigan

Date: Aug 5, 1999
Ineffective Assistance of Counsel and Confrontation Rights: A Comprehensive Analysis of Hawkins v. Hannigan Introduction The case of Dana Drew Hawkins v. Robert D. Hannigan, Attorney General of...
Limits on ADA Claims in Police Use of Force Incidents and Affirmation of Qualified Immunity: Analyzing Gohier v. Enright

Limits on ADA Claims in Police Use of Force Incidents and Affirmation of Qualified Immunity: Analyzing Gohier v. Enright

Date: Aug 4, 1999
Limits on ADA Claims in Police Use of Force Incidents and Affirmation of Qualified Immunity: Analyzing Gohier v. Enright Introduction Gohier v. Enright and City of Colorado Springs is a pivotal case...
Claim Preclusion in Employment Litigation: Insights from Yapp v. Excel Corporation

Claim Preclusion in Employment Litigation: Insights from Yapp v. Excel Corporation

Date: Aug 4, 1999
Claim Preclusion in Employment Litigation: Insights from Yapp v. Excel Corporation Introduction In Yapp v. Excel Corporation, 186 F.3d 1222 (10th Cir. 1999), the United States Court of Appeals for...
Affirmation of Federal Jurisdiction Over Trust Lands in Indian Country: UNITED STATES v. ROBERTS

Affirmation of Federal Jurisdiction Over Trust Lands in Indian Country: UNITED STATES v. ROBERTS

Date: Aug 4, 1999
Affirmation of Federal Jurisdiction Over Trust Lands in Indian Country: UNITED STATES v. ROBERTS Introduction In United States v. Hollis Earl Roberts, 185 F.3d 1125 (10th Cir. 1999), the United...
Expanding Hostile Work Environment Claims: Emphasis on Totality of Circumstances under Title VII – Maurine v. O'Shea

Expanding Hostile Work Environment Claims: Emphasis on Totality of Circumstances under Title VII – Maurine v. O'Shea

Date: Jul 29, 1999
Expanding Hostile Work Environment Claims: Emphasis on Totality of Circumstances under Title VII – Maurine v. O'Shea Introduction Maurine V. O'Shea v. Yellow Technology Services, Inc. is a landmark...
Hooks v. Ward: Clarifying Procedural Bar and Lesser Included Offense Instructions under AEDPA

Hooks v. Ward: Clarifying Procedural Bar and Lesser Included Offense Instructions under AEDPA

Date: Jul 17, 1999
Hooks v. Ward: Clarifying Procedural Bar and Lesser Included Offense Instructions under AEDPA Introduction In the landmark case of Victor Wayne Hooks v. Ron Ward, decided by the United States Court...
Medical Improvement Standard Applied to Closed Period Disability Cases: Shepard v. Apfel

Medical Improvement Standard Applied to Closed Period Disability Cases: Shepard v. Apfel

Date: Jul 16, 1999
Medical Improvement Standard Applied to Closed Period Disability Cases: Shepherd v. Apfel Introduction The case of Dwayne L. Shepard v. Kenneth S. Apfel (184 F.3d 1196) adjudicated by the United...
Procedural Default and Ineffective Assistance of Counsel in Habeas Review — Sherrill v. Hargett

Procedural Default and Ineffective Assistance of Counsel in Habeas Review — Sherrill v. Hargett

Date: Jul 14, 1999
Procedural Default and Ineffective Assistance of Counsel in Habeas Review — Sherrill v. Hargett Introduction Michael Rene Sherrill, a pro se Oklahoma state prisoner, appealed to the United States...
Free Exercise Rights in Incarceration: Makin v. Colorado Department of Corrections

Free Exercise Rights in Incarceration: Makin v. Colorado Department of Corrections

Date: Jul 13, 1999
Free Exercise Rights in Incarceration: Makin v. Colorado Department of Corrections Introduction Makin v. Colorado Department of Corrections is a significant case adjudicated by the United States...
Affirmation of Consent Standards and Canine Alerts in Establishing Probable Cause: United States v. Patten

Affirmation of Consent Standards and Canine Alerts in Establishing Probable Cause: United States v. Patten

Date: Jul 10, 1999
Affirmation of Consent Standards and Canine Alerts in Establishing Probable Cause: United States v. Patten Introduction In the landmark case of United States of America v. Russell William Patten, the...
Affirmation of Summary Judgment in Trademark Infringement: King of the Mountain Sports, Inc. v. Chrysler Corporation

Affirmation of Summary Judgment in Trademark Infringement: King of the Mountain Sports, Inc. v. Chrysler Corporation

Date: Jul 9, 1999
Affirmation of Summary Judgment in Trademark Infringement: King of the Mountain Sports, Inc. v. Chrysler Corporation Introduction In the case of King of the Mountain Sports, Inc. v. Chrysler...
Intentional Discrimination Required for Compensatory Damages under the Rehabilitation Act: Powers v. MJB Acquisition Corp.

Intentional Discrimination Required for Compensatory Damages under the Rehabilitation Act: Powers v. MJB Acquisition Corp.

Date: Jul 9, 1999
Intentional Discrimination Required for Compensatory Damages under the Rehabilitation Act: Powers v. MJB Acquisition Corp. Introduction The case of Gary Michael Powers and Kimberly Ann Powers v. MJB...
Affirmation of the Strickland Prejudice Standard in Ineffective Assistance of Counsel Claims: Foster v. Ward

Affirmation of the Strickland Prejudice Standard in Ineffective Assistance of Counsel Claims: Foster v. Ward

Date: Jul 8, 1999
Affirmation of the Strickland Prejudice Standard in Ineffective Assistance of Counsel Claims: Foster v. Ward, 182 F.3d 1177 (10th Cir. 1999) Introduction Foster v. Ward is a pivotal case in the realm...
Limitation Period Tolling in Habeas Corpus Petitions: Rhine v. Boone

Limitation Period Tolling in Habeas Corpus Petitions: Rhine v. Boone

Date: Jul 8, 1999
Limitation Period Tolling in Habeas Corpus Petitions: Rhine v. Boone Introduction Terry Lynn Rhine v. Bobby Boone (182 F.3d 1153) is a significant appellate decision by the United States Court of...
Affirmation of Judicial and Qualified Immunity in Federal Claims: Insights from Calderon v. Kansas Department of Social and Rehabilitation Services

Affirmation of Judicial and Qualified Immunity in Federal Claims: Insights from Calderon v. Kansas Department of Social and Rehabilitation Services

Date: Jul 7, 1999
Affirmation of Judicial and Qualified Immunity in Federal Claims: Insights from Calderon v. Kansas Department of Social and Rehabilitation Services Introduction In Maria Del Carmen Calderon v. Kansas...
Affirmation of Wyoming's Post-Conviction Statute of Limitations under Equal Protection: Everett Phillips v. James Ferguson

Affirmation of Wyoming's Post-Conviction Statute of Limitations under Equal Protection: Everett Phillips v. James Ferguson

Date: Jul 3, 1999
Affirmation of Wyoming's Post-Conviction Statute of Limitations under Equal Protection: Everett Phillips v. James Ferguson Introduction Everett Phillips v. James Ferguson, Warden, Wyoming Department...
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