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  • Commentaries
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10th Circuit Case Commentaries

Mandatory and Non-Tollable 30-Day Deadline for Petitions of Review under 8 U.S.C. § 1252(b)(1)

Mandatory and Non-Tollable 30-Day Deadline for Petitions of Review under 8 U.S.C. § 1252(b)(1)

Date: Apr 12, 2025
Mandatory and Non-Tollable 30-Day Deadline for Petitions of Review under 8 U.S.C. § 1252(b)(1) Introduction In Nava-Capilla v. Bondi, the Tenth Circuit addressed whether an alien’s petition for...
Immediate §1983 Takings Claims for State Unclaimed Property Schemes

Immediate §1983 Takings Claims for State Unclaimed Property Schemes

Date: Apr 12, 2025
Immediate §1983 Takings Claims for State Unclaimed Property Schemes Introduction In Knellinger v. Young (10th Cir. Apr. 11, 2025), the Tenth Circuit addressed whether owners of property taken under...
Immediate Federal Takings Claims upon State Seizure of Unclaimed Property under RUUPA

Immediate Federal Takings Claims upon State Seizure of Unclaimed Property under RUUPA

Date: Apr 12, 2025
Immediate Federal Takings Claims upon State Seizure of Unclaimed Property under RUUPA Introduction This commentary examines the Tenth Circuit’s decision in Knellinger v. Young, 23-1018 (10th Cir....
Balancing Extraordinary Circumstances and Community Safety: The Tenth Circuit’s Framework for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A)

Balancing Extraordinary Circumstances and Community Safety: The Tenth Circuit’s Framework for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A)

Date: Apr 12, 2025
Balancing Extraordinary Circumstances and Community Safety: The Tenth Circuit’s Framework for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A) Introduction United States v. Sali, decided April...
Clarification of Due Process Notice Requirements for Rule 60(b)(4) Relief in Post-Conviction §2255 Proceedings

Clarification of Due Process Notice Requirements for Rule 60(b)(4) Relief in Post-Conviction §2255 Proceedings

Date: Apr 12, 2025
Clarification of Due Process Notice Requirements for Rule 60(b)(4) Relief in Post-Conviction §2255 Proceedings Introduction United States v. Teague is a consolidated appeal before the Tenth Circuit...
Waiver of Due-Process Notice by Vehicle Registration Status and Lawful Impoundment of Arrestee’s Vehicle

Waiver of Due-Process Notice by Vehicle Registration Status and Lawful Impoundment of Arrestee’s Vehicle

Date: Apr 11, 2025
Waiver of Due-Process Notice by Vehicle Registration Status and Lawful Impoundment of Arrestee’s Vehicle Introduction This commentary examines the Court of Appeals for the Tenth Circuit’s decision in...
Jones v. Woodrow: Failure to Register a Vehicle Waives Due Process Protections in Impoundment

Jones v. Woodrow: Failure to Register a Vehicle Waives Due Process Protections in Impoundment

Date: Apr 11, 2025
Jones v. Woodrow: Failure to Register a Vehicle Waives Due Process Protections in Impoundment Introduction The Court of Appeals for the Tenth Circuit’s decision in Jones v. Woodrow, No. 24-1313 (10th...
Establishing Reasonable Temporal Proximity in Federal Indictments

Establishing Reasonable Temporal Proximity in Federal Indictments

Date: Apr 10, 2025
Establishing Reasonable Temporal Proximity in Federal Indictments Introduction United States v. Chisholm, No. 24-7007 (10th Cir. Apr. 9, 2025), addresses an important threshold in federal criminal...
Clarifying Mootness of Prospective Medicaid Claims upon Plaintiff Death and Qualified Immunity Standards

Clarifying Mootness of Prospective Medicaid Claims upon Plaintiff Death and Qualified Immunity Standards

Date: Apr 10, 2025
Clarifying Mootness of Prospective Medicaid Claims upon Plaintiff Death and Qualified Immunity Standards Introduction The United States Court of Appeals for the Tenth Circuit’s decision in Lamle v....
Mootness of Medicaid Injunction Claims Post-Applicant Death and Qualified Immunity for State Officials

Mootness of Medicaid Injunction Claims Post-Applicant Death and Qualified Immunity for State Officials

Date: Apr 10, 2025
Mootness of Medicaid Injunction Claims Post-Applicant Death and Qualified Immunity for State Officials Introduction In Lamle v. Eads, 10th Cir. (Apr. 9, 2025), the Tenth Circuit addressed two...
Temporal Proximity Requirement for “On or About” Dates in Federal Indictments

Temporal Proximity Requirement for “On or About” Dates in Federal Indictments

Date: Apr 10, 2025
Temporal Proximity Requirement for “On or About” Dates in Federal Indictments Introduction This commentary examines the Tenth Circuit’s decision in United States v. Chisholm, No. 24-7007 (10th Cir....
United States v. Elliott: Enforcing Preservation of Restitution Objections and Limits of Plain-Error Review

United States v. Elliott: Enforcing Preservation of Restitution Objections and Limits of Plain-Error Review

Date: Apr 9, 2025
United States v. Elliott: Enforcing Preservation of Restitution Objections and Limits of Plain-Error Review Introduction United States v. Elliott, decided April 8, 2025, by the Tenth Circuit Court of...
Establishing Non-Host-Nation Nationality Under MEJA by Circumstantial Evidence

Establishing Non-Host-Nation Nationality Under MEJA by Circumstantial Evidence

Date: Apr 9, 2025
Establishing Non-Host-Nation Nationality Under MEJA by Circumstantial Evidence Introduction United States v. Flaming, No. 23-5064 (10th Cir. Apr. 8, 2025) presents a prosecution under the Military...
Circumstantial Proof of Non-Nationality under MEJA and Evidentiary Standards in United States v. Flaming

Circumstantial Proof of Non-Nationality under MEJA and Evidentiary Standards in United States v. Flaming

Date: Apr 9, 2025
Circumstantial Proof of Non-Nationality under MEJA and Evidentiary Standards in United States v. Flaming Introduction The Tenth Circuit’s April 8, 2025 opinion in United States v. Flaming breaks new...
Strict Enforcement of Waiver and Plain-Error in Restitution under 18 U.S.C. § 1365

Strict Enforcement of Waiver and Plain-Error in Restitution under 18 U.S.C. § 1365

Date: Apr 9, 2025
Strict Enforcement of Waiver and Plain-Error in Restitution under 18 U.S.C. § 1365 Introduction United States v. Elliott is an appellate decision from the Court of Appeals for the Tenth Circuit,...
No Barker Prejudice from Sentencing Consequences: Tenth Circuit Limits Speedy Trial Clause to Preconviction Harms and Reinforces Waiver Enforcement

No Barker Prejudice from Sentencing Consequences: Tenth Circuit Limits Speedy Trial Clause to Preconviction Harms and Reinforces Waiver Enforcement

Date: Apr 5, 2025
No Barker Prejudice from Sentencing Consequences: Tenth Circuit Limits Speedy Trial Clause to Preconviction Harms and Reinforces Waiver Enforcement Case: United States v. Gutierrez (No. 23-2076)...
Caraballo: Tenth Circuit Requires Particularized, First Amendment–Sensitive Findings for Adult‑Pornography Bans on Supervised Release; Affirms Purpose-Based Computer Solicitation Enhancement

Caraballo: Tenth Circuit Requires Particularized, First Amendment–Sensitive Findings for Adult‑Pornography Bans on Supervised Release; Affirms Purpose-Based Computer Solicitation Enhancement

Date: Apr 5, 2025
Caraballo: Tenth Circuit Requires Particularized, First Amendment–Sensitive Findings for Adult‑Pornography Bans on Supervised Release; Affirms Purpose-Based Computer Solicitation Enhancement...
Requirement of Particularized Findings and First Amendment Balancing for Supervised Release Prohibitions on Adult Pornography

Requirement of Particularized Findings and First Amendment Balancing for Supervised Release Prohibitions on Adult Pornography

Date: Apr 5, 2025
Requirement of Particularized Findings and First Amendment Balancing for Supervised Release Prohibitions on Adult Pornography Introduction United States v. Caraballo, 10th Cir. No. 24-5029 (Apr. 4,...
Contextual Clarity: Medical-Treatment Exclusion Precludes AD&D Benefits for Prescription-Drug Deaths

Contextual Clarity: Medical-Treatment Exclusion Precludes AD&D Benefits for Prescription-Drug Deaths

Date: Apr 5, 2025
Contextual Clarity: Medical-Treatment Exclusion Precludes AD&D Benefits for Prescription-Drug Deaths Introduction Jensen v. Life Insurance Company of North America (10th Cir. April 4, 2025) addresses...
Speedy Trial Clause Limited to Preconviction Harms: United States v. Gutierrez

Speedy Trial Clause Limited to Preconviction Harms: United States v. Gutierrez

Date: Apr 5, 2025
Speedy Trial Clause Limited to Preconviction Harms: United States v. Gutierrez Introduction United States v. Gutierrez, 23-2076 (10th Cir. Apr. 4, 2025) addresses the scope of the Sixth Amendment’s...
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