10th Circuit Case Commentaries

Clarifying Constructive Possession and Firearm 'Use' under 18 U.S.C. §924(c)(1): Insights from United States v. Miller and Hicks, 84 F.3d 1244 (10th Cir. 1996)

Date: May 21, 1996

Clarifying Constructive Possession and Firearm 'Use' under 18 U.S.C. §924(c)(1): Insights from United States v. Miller and Hicks, 84 F.3d 1244 (10th Cir. 1996) Introduction United States v. Miller...

Tenth Circuit Affirms Drug Conspiracy Convictions and Addresses Sentencing Guidelines

Date: May 11, 1996

Tenth Circuit Affirms Drug Conspiracy Convictions and Addresses Sentencing Guidelines Introduction In the case of United States of America v. Tracy Dinah Ivy et al., the United States Court of...

Seamons v. Dually: Tenth Circuit Reinforces First Amendment Protections in School Settings

Date: May 9, 1996

Seamons v. Dually: Tenth Circuit Reinforces First Amendment Protections in School Settings Introduction Seamons v. Dually, 84 F.3d 1226 (10th Cir. 1996), is a landmark case adjudicated by the United...

Establishing Probable Cause Independent of Thermal Imager Use: Insights from United States v. Cusumano

Date: May 9, 1996

Establishing Probable Cause Independent of Thermal Imager Use: Insights from United States v. Cusumano Introduction In the landmark case United States of America v. Christopher Paul Cusumano, decided...

Establishing Fourth Amendment Protections in Malicious Prosecution Claims: Analysis of Taylor v. Meacham

Date: May 8, 1996

Establishing Fourth Amendment Protections in Malicious Prosecution Claims: Analysis of Taylor v. Meacham Introduction Taylor v. Meacham and Uintah County, 82 F.3d 1556 (10th Cir. 1996), is a pivotal...

Admissibility of Rule 404(b) and Coccapistrator Statements in Conspiracy Convictions: U.S. v. Lopez-Gutierrez

Date: May 8, 1996

Admissibility of Rule 404(b) and Coccapistrator Statements in Conspiracy Convictions: U.S. v. Lopez-Gutierrez Introduction The case of United States of America v. Jesus J. Lopez-Gutierrez presents a...

Allowance of 28 U.S.C. §2255 Relief to Reopen Sentences Following Invalidated Prior Convictions: United States v. Cox

Date: May 4, 1996

Allowance of 28 U.S.C. §2255 Relief to Reopen Sentences Following Invalidated Prior Convictions: United States v. Cox Introduction United States of America v. Richard Bruce Cox, 83 F.3d 336 (10th...

Tenth Circuit Upholds Non-Preemption of Oklahoma Antitrust Claims in Copyright Infringement

Date: May 4, 1996

Tenth Circuit Upholds Non-Preemption of Oklahoma Antitrust Claims in Copyright Infringement Introduction In the case of Harold's Stores, Inc. & CMT Enterprises, Inc. v. Dillard Department Stores,...

Refining Standards for Sanctions in Spoliation Cases: Analysis of Gates Rubber Co. v. Bando Chemical Industries

Date: May 2, 1996

Refining Standards for Sanctions in Spoliation Cases: Analysis of Gates Rubber Co. v. Bando Chemical Industries Introduction The case of The Gates Rubber Company v. Bando Chemical Industries, Limited...

Age Discrimination in Employment: Analysis of Furr v. Seagate Technology

Date: May 2, 1996

Age Discrimination in Employment: Analysis of Furr v. Seagate Technology Introduction In the case of Robert S. Furr, Leslie Woosley, Bernard E. Ozinga v. Seagate Technology, Inc., the plaintiffs...

Affirmation of State Criminal Jurisdiction over Nonmember Indian Retailers on Reservations

Date: May 1, 1996

Affirmation of State Criminal Jurisdiction over Nonmember Indian Retailers on Reservations Introduction The case Kathy L. Kaul v. Robert T. Stephan, Attorney General (83 F.3d 1208) adjudicated by the...

Admissibility of Expert Testimony Based on General Engineering Principles in Product Liability Cases

Date: May 1, 1996

Admissibility of Expert Testimony Based on General Engineering Principles in Product Liability Cases Introduction In the case of Steven D. Compton v. Subaru of America, Inc.; Fuji Heavy Industries,...

Restricting Recoupment in Bankruptcy to Same Transaction: Tenth Circuit in Conoco Inc. v. Harriet E. Styler

Date: May 1, 1996

Restricting Recoupment in Bankruptcy to Same Transaction: Tenth Circuit in Conoco Inc. v. Harriet E. Styler Introduction The case of IN RE: PETERSON DISTRIBUTING, INC., Debtor, CONOCO, INC., v....

Affirmation of Eighth Amendment Standards in Prisoners' Claims: Riddle v. Mondragon

Date: Apr 30, 1996

Affirmation of Eighth Amendment Standards in Prisoners' Claims: Riddle v. Mondragon Introduction In the landmark case Riddle v. Mondragon, heard by the United States Court of Appeals for the Tenth...

State Sovereign Immunity and ADA Limitations in §1983 Claims: Insights from White v. Colorado

Date: Apr 25, 1996

State Sovereign Immunity and ADA Limitations in §1983 Claims: Insights from White v. Colorado Introduction In the landmark case of Michael Lucius White v. State of Colorado, decided by the United...

Reasonable Suspicion and Traffic Stops: Insights from McRae v. United States

Date: Apr 20, 1996

Reasonable Suspicion and Traffic Stops: Insights from McRae v. United States Introduction The case of United States of America v. Franchot Forsythe McRae, Jr. (81 F.3d 1528, 10th Cir. 1996) serves as...

Jenkins v. Wood & Sabel: Upholding Summary Judgment Standards in §1983 and Monell Claims

Date: Apr 17, 1996

Jenkins v. Wood & Sabel: Upholding Summary Judgment Standards in §1983 and Monell Claims Introduction James C. Jenkins and Lula M. Jenkins (hereafter "the Jenkinses") filed a lawsuit against Colin...

Reinforcing Standards for Rebuttal Witness Admission Following Sequestration Order Violations: Insights from Burks v. Oklahoma Publishing Co.

Date: Apr 16, 1996

Reinforcing Standards for Rebuttal Witness Admission Following Sequestration Order Violations: Insights from Burks v. Oklahoma Publishing Co. Introduction In the case of Vurla B. Burks v. The...

Affirming Summary Judgment in Retaliation Claims: Insights from Hom v. Squires

Date: Apr 13, 1996

Affirming Summary Judgment in Retaliation Claims: Insights from Hom v. Squires Introduction The case of Michael Hom v. A. Roland Squires, Arthur J. Hudachko, and Douglas Bodrero, decided by the...

Clarification of "Use" Under 18 U.S.C. § 924(c) Post-Bailey: The Tenth Circuit’s Interpretation and Its Implications

Date: Apr 13, 1996

Clarification of "Use" Under 18 U.S.C. § 924(c) Post-Bailey: The Tenth Circuit’s Interpretation and Its Implications Introduction The case of United States of America v. Souphaphone Lang and...

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