10th Circuit Case Commentaries

Reaffirmation of Individualized Suspicion in Traffic Stop Detentions: An Analysis of United States v. Walker

Date: Aug 14, 1991

Reaffirmation of Individualized Suspicion in Traffic Stop Detentions: An Analysis of United States v. Walker Introduction In United States of America v. Ralph Joseph Walker, 941 F.2d 1086 (10th Cir....

United States v. Willie: Establishing Precedents on Willfulness in Tax Evasion and the Admissibility of Defendants’ Belief Evidence

Date: Aug 13, 1991

United States v. Willie: Establishing Precedents on Willfulness in Tax Evasion and the Admissibility of Defendants’ Belief Evidence Introduction United States of America v. Wesley Willie, 941 F.2d...

Adoption of the Cause and Prejudice Standard in Federal Habeas Corpus Review: Gilbert v. Scott

Date: Aug 10, 1991

Adoption of the Cause and Prejudice Standard in Federal Habeas Corpus Review: Gilbert v. Scott Introduction Earnest Gilbert v. H.N. Scott is a pivotal case decided by the United States Court of...

Arvin Industries Sets New Standards in RICO and Antitrust Law Enforcement

Date: Jul 31, 1991

Arvin Industries Sets New Standards in RICO and Antitrust Law Enforcement Introduction The case of Bacchus Industries, Inc. v. Arvin Industries, Inc. (939 F.2d 887) adjudicated by the United States...

Double Jeopardy Protections Reinforced in United States v. Raymer

Date: Jul 25, 1991

Double Jeopardy Protections Reinforced in United States v. Raymer Introduction In the landmark case of United States of America v. Samuel Scott Raymer, the United States Court of Appeals for the...

United States v. Wright and Kirby: Upholding Proper Indictment Variance and Joinder in Drug Conspiracy Trials

Date: Jul 12, 1991

United States v. Wright and Kirby: Upholding Proper Indictment Variance and Joinder in Drug Conspiracy Trials Introduction In United States of America v. Norman D. Wright and George W. Kirby, Jr.,...

Ensuring Contractual Certainty: Insights from Deepwater Investments v. Jackson Hole Ski Corporation

Date: Jul 11, 1991

Ensuring Contractual Certainty: Insights from Deepwater Investments v. Jackson Hole Ski Corporation Introduction The case of Deepwater Investments, Limited v. Jackson Hole Ski Corporation and Paul M....

Interpretation of 11 U.S.C. §349(a): Tenth Circuit Restricts Bankruptcy Court's Discretion to Deny Future Access Beyond 180 Days

Date: Jul 11, 1991

Interpretation of 11 U.S.C. §349(a): Tenth Circuit Restricts Bankruptcy Court's Discretion to Deny Future Access Beyond 180 Days Introduction In In re Randy Arden Frieouf, Debtor, 938 F.2d 1099 (10th...

Admissibility of "Tools of the Trade" Evidence in Drug Distribution Cases: United States v. Martinez

Date: Jul 9, 1991

Admissibility of "Tools of the Trade" Evidence in Drug Distribution Cases: United States v. Martinez Introduction United States of America v. Jesus Martinez, 938 F.2d 1078 (10th Cir. 1991), is a...

10th Circuit Upholds Validity of Homestead Exemption in Bankruptcy Without Evidence of Fraudulent Intent

Date: Jul 6, 1991

10th Circuit Upholds Validity of Homestead Exemption in Bankruptcy Without Evidence of Fraudulent Intent Introduction The case In re Patricia G. Carey, Debtor, 938 F.2d 1073 (10th Cir. 1991),...

Establishing Standards for Abandonment in Warrantless Searches: Analysis of United States v. Morgan

Date: Jun 29, 1991

Establishing Standards for Abandonment in Warrantless Searches: Analysis of United States v. Morgan 1. Introduction In the landmark case United States of America v. Rodney Lee Morgan, 936 F.2d 1561...

Federal Preemption of State Divorce Decrees in ERISA Beneficiary Designations

Date: Jun 22, 1991

Federal Preemption of State Divorce Decrees in ERISA Beneficiary Designations Introduction The case of Beatrice Hinds Carland v. Metropolitan Life Insurance Company (935 F.2d 1114, United States...

Archuleta v. Colorado Department of Institutions: Affirmation of Retaliation and Due Process Standards

Date: Jun 21, 1991

Archuleta v. Colorado Department of Institutions: Affirmation of Retaliation and Due Process Standards Introduction Carmen Archuleta v. The Colorado Department of Institutions, Division of Youth...

Heightened Standards for Preliminary Injunctions in Cases Altering Status Quo: SCFC ILC v. Visa USA

Date: Jun 19, 1991

Heightened Standards for Preliminary Injunctions in Cases Altering Status Quo: SCFC ILC v. Visa USA Introduction The case of SCFC ILC, Inc. DBA MountainWest Financial, Inc. v. Visa USA, Inc.,...

Affirmation of Superintending Control Authority in Russillo v. Scarborough

Date: Jun 19, 1991

Affirmation of Superintending Control Authority in Russillo v. Scarborough Introduction Russillo v. Scarborough, 935 F.2d 1167 (10th Cir. 1991), is a significant appellate decision that examines the...

John Deere Titan Series Combine Liability: Insights from WHEELER v. JOHN DEERE COmpany

Date: Jun 18, 1991

John Deere Titan Series Combine Liability: Insights from WHEELER v. JOHN DEERE COmpany Introduction WHEELER v. JOHN DEERE COmpany, 935 F.2d 1090 (10th Cir. 1991), is a pivotal case that addresses the...

Establishing Rule 11 Sanctions for Mixed Claims: Insights from Dodd v. Royal Insurance Services

Date: Jun 12, 1991

Establishing Rule 11 Sanctions for Mixed Claims: Insights from Dodd Insurance Services, Inc. v. Royal Insurance Company of America Introduction In Dodd Insurance Services, Inc. and Tom Dodd, Jr. v....

ERISA’s Discretion on Benefit Distribution: Upholding Administrator Decisions in Woolsey v. Marion Laboratories

Date: Jun 5, 1991

ERISA’s Discretion on Benefit Distribution: Upholding Administrator Decisions in Woolsey v. Marion Laboratories Introduction Woolsey v. Marion Laboratories, Inc. is a pivotal case that examines the...

Affirming the Broad Scope of the Discretionary Function Exception under the FTCA: Redmon v. United States

Date: Jun 4, 1991

Affirming the Broad Scope of the Discretionary Function Exception under the FTCA: Redmon v. United States Introduction In Randall Wayne Redmon v. United States of America, reported in 934 F.2d 1151,...

Freedoms in Correctional Facilities: Hall v. Bellmon Establishes Boundaries on Religious Rights

Date: Jun 4, 1991

Freedoms in Correctional Facilities: Hall v. Bellmon Establishes Boundaries on Religious Rights Introduction The case of Kenneth E. Hall, Jr. v. Henry Bellmon et al. serves as a pivotal judicial...

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