10th Circuit Case Commentaries

Qualified Immunity and Material Omissions in Arrest Affidavits: Insights from Salmon v. Schwarz & Gonzalez

Date: Nov 1, 1991

Qualified Immunity and Material Omissions in Arrest Affidavits: Insights from Salmon v. Schwarz & Gonzalez Introduction Parties Involved: Plaintiffs-Appellees: Margarito Salmon, Magdalena Salmon,...

Affirmation of Conviction and Mandatory Minimum Sentencing in United States v. Short

Date: Nov 1, 1991

Affirmation of Conviction and Mandatory Minimum Sentencing in United States v. Short (947 F.2d 1445) Introduction United States v. Short is a significant case adjudicated by the United States Court...

Affirmation of Procedural Default and Abuse of the Writ in Habeas Corpus Petition: William Andrews v. Gary DeLand et al.

Date: Nov 1, 1991

Affirmation of Procedural Default and Abuse of the Writ in Habeas Corpus Petition: William Andrews v. Gary DeLand et al. Introduction In the landmark case of William Andrews v. Gary DeLand, Director...

Denial of Judicial Access Under 42 U.S.C. § 1983: Comprehensive Analysis of Stump v. Gates

Date: Nov 1, 1991

Denial of Judicial Access Under 42 U.S.C. § 1983: Comprehensive Analysis of Stump v. Gates Introduction In the landmark case Sara Stump and Andrew M. Ocrant v. Daryl G. Gates, decided on October 31,...

Pre-Petition Tax Refunds as Bankruptcy Estate Property: Analysis of In Re Barowsky et al. v Serelson

Date: Oct 25, 1991

Pre-Petition Tax Refunds as Bankruptcy Estate Property: Analysis of In Re Barowsky et al. v Serelson Introduction The case of In Re Barowsky et al. v Serelson addresses a pivotal issue in bankruptcy...

Affirmation of Consent Validity and Waiver of Unlawful Detention in Traffic Stop Searches

Date: Oct 16, 1991

Affirmation of Consent Validity and Waiver of Unlawful Detention in Traffic Stop Searches Introduction The case of United States of America v. Kevin Wesly Dewitt, True Name, Kenneth Odell Rison (946...

Confirming the Traditional Test for Lesser Included Offenses and Upholding Conspiracy Convictions: United States v. Horn

Date: Oct 10, 1991

Confirming the Traditional Test for Lesser Included Offenses and Upholding Conspiracy Convictions: United States v. Horn Introduction In the landmark case of United States of America v. Ronnie Horn,...

Default Judgment Standards and Due Process in In Re Bill W. Rains

Date: Oct 8, 1991

Default Judgment Standards and Due Process in In Re Bill W. Rains Introduction The case of In Re Bill W. Rains, also known as Billy Wayne Rains, deliberated on the propriety of a default judgment...

Combined Evaluation of Nonexertional Impairments in Social Security Disability Claims: Hargis v. Sullivan

Date: Oct 5, 1991

Combined Evaluation of Nonexertional Impairments in Social Security Disability Claims: Hargis v. Sullivan Introduction In Donald G. Hargis v. Louis W. Sullivan, 945 F.2d 1482 (10th Cir. 1991), the...

Affirmation of 'Law of the Case' Doctrine: Binding Appellate Decisions on Remand in Criminal Proceedings – United States v. Monsisvais

Date: Oct 4, 1991

Affirmation of 'Law of the Case' Doctrine: Binding Appellate Decisions on Remand in Criminal Proceedings – United States v. Monsisvais Introduction United States v. Heriberto Fernandez Monsisvais,...

Mandamus Relief in Class Actions: Insights from McNeil v. Guthrie

Date: Sep 26, 1991

Mandamus Relief in Class Actions: Insights from McNeil v. Guthrie Introduction The case of Michael Douglas McNeil v. William B. Guthrie, decided by the United States Court of Appeals for the Tenth...

Affirmation of First-Degree Murder Convictions: Malice Aforethought and Felony Murder under 18 U.S.C. §1111

Date: Sep 25, 1991

Affirmation of First-Degree Murder Convictions: Malice Aforethought and Felony Murder under 18 U.S.C. §1111 Introduction The case of United States of America v. Eugene Mervin Sides, 944 F.2d 1554...

ERISA Preemption and Third-Party Promissory Estoppel Claims: Insights from Hospice of Metro Denver, Inc. v. Group Health Insurance of Oklahoma, Inc.

Date: Sep 11, 1991

ERISA Preemption and Third-Party Promissory Estoppel Claims: Insights from Hospice of Metro Denver, Inc. v. Group Health Insurance of Oklahoma, Inc. Introduction The case of Hospice of Metro Denver,...

Heightened Standards for Statistical Evidence in Age Discrimination Claims Under ADEA: Fallis v. Kerr-McGee

Date: Sep 11, 1991

Heightened Standards for Statistical Evidence in Age Discrimination Claims Under ADEA: Fallis v. Kerr-McGee Introduction The Fallis v. Kerr-McGee Corporation case, adjudicated by the United States...

Strict Compliance with Bankruptcy Code §327: Insights from In Re James W. Land and Lois L. Land

Date: Sep 11, 1991

Strict Compliance with Bankruptcy Code §327: Insights from In Re James W. Land and Lois L. Land Introduction The case of In Re James W. Land and Lois L. Land represents a pivotal decision by the...

Breach of Fiduciary Duty in Dealer Agreements: Insights from Devery Implement Co. v. J.I. Case Co.

Date: Sep 11, 1991

Breach of Fiduciary Duty in Dealer Agreements: Insights from Devery Implement Co. v. J.I. Case Co. Introduction The case of Devery Implement Company, an Oklahoma General Partnership, versus J.I. Case...

Restricting Access for Repeatedly Abusive Pro Se Litigants: Ketchum v. Dr. Cruz

Date: Aug 31, 1991

Restricting Access for Repeatedly Abusive Pro Se Litigants: Ketchum v. Dr. Cruz Introduction Ketchum v. Dr. Cruz (775 F. Supp. 1399) is a significant case adjudicated by the United States District...

Hicks v. City of Watonga: Establishing Standards for Qualified Immunity and Due Process in Public Employment Terminations

Date: Aug 20, 1991

Hicks v. City of Watonga: Establishing Standards for Qualified Immunity and Due Process in Public Employment Terminations Introduction Steven R. Hicks, a former police officer for the City of...

Affirmation of Circumstantial Evidence in ADEA Cases: Denison v. Swaco Geolograph

Date: Aug 17, 1991

Affirmation of Circumstantial Evidence in ADEA Cases: Denison v. Swaco Geolograph Introduction The case of Richard Paul Denison v. Swaco Geolograph Company (941 F.2d 1416) adjudicated by the United...

State Action and Prima Facie Case in Age Discrimination: Insights from MacDonald v. Eastern Wyoming Mental Health Center

Date: Aug 16, 1991

State Action and Prima Facie Case in Age Discrimination: Insights from MacDonald v. Eastern Wyoming Mental Health Center Introduction James MacDonald and Janice MacDonald, a married couple employed...

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