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  • Commentaries
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10th Circuit Case Commentaries

Federal Courts' Limited Jurisdiction in Sentence Modification: Insights from United States v. Blackwell

Federal Courts' Limited Jurisdiction in Sentence Modification: Insights from United States v. Blackwell

Date: Apr 12, 1996
Federal Courts' Limited Jurisdiction in Sentence Modification: Insights from United States v. Blackwell Introduction United States of America v. Donald Keith Blackwell, 81 F.3d 945 (10th Cir. 1996),...
Fifth Amendment Protections and the Admissibility of Financial Affidavits: Tenth Circuit Reverses Money Laundering Conviction

Fifth Amendment Protections and the Admissibility of Financial Affidavits: Tenth Circuit Reverses Money Laundering Conviction

Date: Apr 6, 1996
Fifth Amendment Protections and the Admissibility of Financial Affidavits: Tenth Circuit Reverses Money Laundering Conviction Introduction The case of United States of America v. Dennis Lee Hardwell...
Res Judicata and the Limitation of Section 1983 in Inmate Property Disputes: An Analysis of Klein v. Zavras et al.

Res Judicata and the Limitation of Section 1983 in Inmate Property Disputes: An Analysis of Klein v. Zavras et al.

Date: Apr 3, 1996
Res Judicata and the Limitation of Section 1983 in Inmate Property Disputes: An Analysis of Klein v. Zavras et al. Introduction Klein v. Zavras et al., 80 F.3d 432 (10th Cir. 1996), is a pivotal case...
Deliberate Indifference and Qualified Immunity in Prisoners' Rights: Analysis of Mitchell v. Maynard

Deliberate Indifference and Qualified Immunity in Prisoners' Rights: Analysis of Mitchell v. Maynard

Date: Apr 2, 1996
Deliberate Indifference and Qualified Immunity in Prisoners' Rights: Analysis of Mitchell v. Maynard Introduction Carl Demetrius Mitchell brought a lawsuit against fourteen officials and employees of...
Determining Employer-Employee Relationships Under Title VII: A Commentary on Waydann Lambertsen v. Utah Department of Corrections

Determining Employer-Employee Relationships Under Title VII: A Commentary on Waydann Lambertsen v. Utah Department of Corrections

Date: Mar 29, 1996
Determining Employer-Employee Relationships Under Title VII: A Commentary on Waydann Lambertsen v. Utah Department of Corrections Introduction Waydann Lambertsen v. Utah Department of Corrections, 79...
Preemption of State Condemnation Laws: Insights from City of Stilwell v. Ozarks Rural Electric Coop.

Preemption of State Condemnation Laws: Insights from City of Stilwell v. Ozarks Rural Electric Coop.

Date: Mar 29, 1996
Preemption of State Condemnation Laws: Insights from City of Stilwell v. Ozarks Rural Electric Coop. Introduction The case City of Stilwell, Oklahoma v. Ozarks Rural Electric Cooperative Corporation...
Voluntariness of Guilty Pleas and the Scope of Ineffective Assistance Claims on Direct Appeal: Tenth Circuit’s Decision in Carr v. United States

Voluntariness of Guilty Pleas and the Scope of Ineffective Assistance Claims on Direct Appeal: Tenth Circuit’s Decision in Carr v. United States

Date: Mar 26, 1996
Voluntariness of Guilty Pleas and the Scope of Ineffective Assistance Claims on Direct Appeal: Tenth Circuit’s Decision in Carr v. United States Introduction The case of United States of America v....
Gregory v. United States: Narrowing the Scope of Reasonable Suspicion in Traffic Stops

Gregory v. United States: Narrowing the Scope of Reasonable Suspicion in Traffic Stops

Date: Mar 19, 1996
Gregory v. United States: Narrowing the Scope of Reasonable Suspicion in Traffic Stops Introduction In United States v. Gregory (79 F.3d 973, 10th Cir. 1996), the defendant, Paul Charleston Gregory,...
Affirmation of Summary Judgment in 42 U.S.C. § 1983 Action: Wolford v. Lasater

Affirmation of Summary Judgment in 42 U.S.C. § 1983 Action: Wolford v. Lasater

Date: Mar 14, 1996
Affirmation of Summary Judgment in 42 U.S.C. § 1983 Action: Wolford v. Lasater Introduction In the landmark case Wolford v. Lasater, adjudicated by the United States Court of Appeals for the Tenth...
Willful Evasion of Tax Under 11 U.S.C. §523(a)(1)(C): Insights from Dalton v. IRS

Willful Evasion of Tax Under 11 U.S.C. §523(a)(1)(C): Insights from Dalton v. IRS

Date: Mar 13, 1996
Willful Evasion of Tax Under 11 U.S.C. §523(a)(1)(C): Insights from Dalton v. IRS Introduction The case of Eugene Dalton v. Internal Revenue Service (IRS), 77 F.3d 1297 (10th Cir. 1996), serves as a...
Non-Copyrightable Characteristics in Toy Design: Insights from Country Kids 'N City Slicks, Inc. v. Carousel Kids

Non-Copyrightable Characteristics in Toy Design: Insights from Country Kids 'N City Slicks, Inc. v. Carousel Kids

Date: Mar 6, 1996
Non-Copyrightable Characteristics in Toy Design: Insights from Country Kids 'N City Slicks, Inc. v. Carousel Kids Introduction The case of Country Kids 'N City Slicks, Inc., Plaintiff-Appellant vs....
State Law Controls Res Judicata in Diversity Cases Involving Foreign Judgments – Phillips USA v. Allflex USA

State Law Controls Res Judicata in Diversity Cases Involving Foreign Judgments – Phillips USA v. Allflex USA

Date: Feb 27, 1996
State Law Controls Res Judicata in Diversity Cases Involving Foreign Judgments Introduction Phillips USA, Inc. v. Allflex USA, Inc., 77 F.3d 354 (10th Cir. 1996), stands as a significant decision...
Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent

Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent

Date: Feb 27, 1996
Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent Introduction In the case of Bernard Olcott v. Delaware Flood Company et al., the United...
Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester

Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester

Date: Feb 27, 1996
Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester Introduction Ste v. Biester, 77 F.3d 1264 (10th Cir. 1996), is a significant appellate decision by...
Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District

Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District

Date: Feb 23, 1996
Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District Introduction In Stephanie Abeyta v. Chama Valley Independent School District, the United...
Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al.

Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al.

Date: Feb 21, 1996
Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al. Introduction The case of Marilyn Mick et al. v. Brewer et al. adjudicated by the...
Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States

Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States

Date: Feb 21, 1996
Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States Introduction United States of America v. George M. Ciapponi is a pivotal case adjudicated by the United States...
Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA

Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA

Date: Feb 8, 1996
Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA Introduction Marx v. Schnuck Markets, Inc., 76 F.3d 324 (10th Cir. 1996), is a pivotal case that addresses...
Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors

Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors

Date: Feb 6, 1996
Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors Introduction The case of UNITED STATES of America v. John Javilo McCullah (76 F.3d 1087) presents a pivotal moment in...
Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996]

Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996]

Date: Feb 6, 1996
Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996] Introduction The case of Pam Pino v. E. P. Higgs, Curt Faust, Marcella Wolf, Jim...
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