10th Circuit Case Commentaries

Qualified Immunity in §1983 Due Process Claims: Liebson v. New Mexico Corrections Department

Date: Jan 3, 1996

Qualified Immunity in §1983 Due Process Claims: Liebson v. New Mexico Corrections Department Introduction Liebson v. New Mexico Corrections Department is a pivotal case adjudicated by the United...

Enhanced Interpretation of Firearm "Use" Under 18 U.S.C. § 924(c) Following Bailey v. United States

Date: Dec 27, 1995

Enhanced Interpretation of Firearm "Use" Under 18 U.S.C. § 924(c) Following Bailey v. United States Introduction The case of United States of America v. Wacker et al. (72 F.3d 1453) adjudicated by...

Sanctions for Improper Discovery Conduct: Resolution Trust Corporation v. Dabney

Date: Dec 23, 1995

Sanctions for Improper Discovery Conduct: Resolution Trust Corporation v. Dabney Introduction In Resolution Trust Corporation, as Receiver of Great Plains Federal Savings and Loan Association v....

Standing to Challenge Searches Under the Fourth Amendment: Insights from United States v. Conway

Date: Dec 23, 1995

Standing to Challenge Searches Under the Fourth Amendment: Insights from United States v. Conway Introduction United States of America v. Quincy J. Conway, 73 F.3d 975 (10th Cir. 1995), is a pivotal...

Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Analysis of United States v. Parker & Sorenson

Date: Dec 20, 1995

Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Analysis of United States v. Parker & Sorenson Introduction The case of United States of America v. Randy Alan Parker; John...

Attorney-Client Privilege and the Crime-Fraud Exception in Employment Discrimination: Motley v. Marathon Oil Co.

Date: Dec 16, 1995

Attorney-Client Privilege and the Crime-Fraud Exception in Employment Discrimination: Motley v. Marathon Oil Co. Introduction MARTA M. MOTLEY v. MARATHON OIL COMPANY (71 F.3d 1547) is a significant...

Establishing Arbitrability of Employment Discrimination Claims Under the NASD Code: Armijo v. Prudential Insurance

Date: Dec 16, 1995

Establishing Arbitrability of Employment Discrimination Claims Under the NASD Code: Armijo v. Prudential Insurance Introduction The case of Jake Armijo, Linda Hourigan, and Pete Fuentes v. Prudential...

Credibility Determinations in SSI Applications: Insights from Bean v. Chater

Date: Dec 8, 1995

Credibility Determinations in SSI Applications: Insights from Bean v. Chater Introduction The case of Lois Bean v. Shirley S. Chater, adjudicated by the United States Court of Appeals for the Tenth...

Revising the Fourth Amendment Standards: United States v. Botero-Ospina

Date: Dec 6, 1995

Revising the Fourth Amendment Standards: United States v. Botero-Ospina Introduction The case of United States of America v. Carlos Botero-Ospina (71 F.3d 783, 10th Cir. 1995) marks a significant...

Establishing Limits on Party Standing in Bankruptcy Reorganization: Insights from In re: Alpex Computer Corporation

Date: Dec 5, 1995

Establishing Limits on Party Standing in Bankruptcy Reorganization: Insights from In re: Alpex Computer Corporation Introduction The case of In re: Alpex Computer Corporation addresses critical...

Enhanced Standards for Judicial Recusal: Nichols v. Alley

Date: Dec 2, 1995

Enhanced Standards for Judicial Recusal: Nichols v. Alley Introduction The case of Nichols v. Alley addressed critical issues surrounding judicial recusal under 28 U.S.C. § 455(a) in the aftermath of...

U.S. Fidelity and Guaranty Co. v. Timberlake Construction Co.: Establishing Boundaries on Insurer Bad Faith Claims

Date: Nov 23, 1995

U.S. Fidelity and Guaranty Co. v. Timberlake Construction Co.: Establishing Boundaries on Insurer Bad Faith Claims Introduction In the landmark case of Timberlake Construction Co. v. U.S. Fidelity...

Passenger Standing in Fourth Amendment Challenges: United States v. Eylicio-Montoya

Date: Nov 23, 1995

Passenger Standing in Fourth Amendment Challenges: United States v. Eylicio-Montoya Introduction In the landmark case of United States of America v. Tomasita Eylicio-Montoya, the United States Court...

Enhancing Prisoner Privacy Rights: Tenth Circuit Reverses Summary Judgment on Fourth Amendment Claim in Inmate Search

Date: Nov 21, 1995

Enhancing Prisoner Privacy Rights: Tenth Circuit Reverses Summary Judgment on Fourth Amendment Claim in Inmate Search Introduction The case of Willie T. Hayes v. Major Marriott et al. delves into the...

Clajon v. Petera: Standing and the Boundaries of State Hunting Regulations Under the Commerce, Takings, and Equal Protection Clauses

Date: Nov 21, 1995

Clajon v. Petera: Standing and the Boundaries of State Hunting Regulations Under the Commerce, Takings, and Equal Protection Clauses Introduction Clajon Production Corporation; Marion H. Scott, Mary...

Per Se Sixth Amendment Violations for Prosecutorial Intrusions into Attorney-Client Communications

Date: Nov 18, 1995

Per Se Sixth Amendment Violations for Prosecutorial Intrusions into Attorney-Client Communications Introduction The case of Duane Shillinginger, Warden, Wyoming State Penitentiary, and the Attorney...

Clarifying Conspiracy Object in Sentencing: Insights from United States v. Bush

Date: Nov 16, 1995

Clarifying Conspiracy Object in Sentencing: Insights from United States v. Bush Introduction The case of United States of America v. Floyd Cornelius Bush, III, adjudicated by the United States Court...

Maintaining Conspiracy Convictions through Co-conspirator Testimony and Reinforcing Standards for Obstruction of Justice Enhancements

Date: Nov 16, 1995

Maintaining Conspiracy Convictions through Co-conspirator Testimony and Reinforcing Standards for Obstruction of Justice Enhancements Introduction In the landmark case of United States of America v....

Reynolds v. Denver Public Schools: Affirmation of Anti-Reverse Discrimination Standards

Date: Nov 14, 1995

Reynolds v. Denver Public Schools: Affirmation of Anti-Reverse Discrimination Standards Introduction In Reynolds v. School District No. 1, Denver, Colorado, 69 F.3d 1523 (10th Cir. 1995), the United...

Strict Enforcement of the Exhaustion Doctrine in Habeas Corpus Petitions: Hernandez v. Starbuck

Date: Nov 10, 1995

Strict Enforcement of the Exhaustion Doctrine in Habeas Corpus Petitions: Hernandez v. Starbuck Introduction Hernandez v. Starbuck, 69 F.3d 1089 (10th Cir. 1995), addresses a critical aspect of...

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