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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

Date: Aug 25, 2025
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Date: Aug 25, 2025
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule:  Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

Date: Aug 25, 2025
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
“No Presumptive Incompetence”:  Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

Date: Aug 25, 2025
“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims Introduction Martinez v. Martinez, No. 24-2105 (10th Cir. Aug. 22, 2025), is a...
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Date: Aug 25, 2025
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025) I. Introduction The Tenth Circuit’s...
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

Date: Aug 25, 2025
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman Introduction In United States v. Cline, Nos. 24-1119 & 24-1137 (10th...
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Date: Aug 25, 2025
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025) 1. Introduction Lindsey Kent Springer’s...

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

Date: Aug 25, 2025
United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt 1. Introduction United States v. Cline, Nos. 24-1119 & 24-1137 (10th Cir. Aug. 21, 2025), is...
“Unlawful User” Redefined: Possession-Based Drug Use as a Firearm Disability under 18 U.S.C. § 922(g)(3) — Commentary on United States v. Davey (10th Cir. 2025)

“Unlawful User” Redefined: Possession-Based Drug Use as a Firearm Disability under 18 U.S.C. § 922(g)(3) — Commentary on United States v. Davey (10th Cir. 2025)

Date: Aug 25, 2025
“Unlawful User” Redefined: Possession-Based Drug Use as a Firearm Disability under 18 U.S.C. § 922(g)(3) Commentary on United States v. Davey, 92 F.4th ___ (10th Cir. 2025) Introduction United States...
“Neutral-Factor” COVID-19 Delays and Mandatory Specificity: United States v. Flynn’s Clarification of Waiver Doctrine under the Speedy Trial Act and Rule 12

“Neutral-Factor” COVID-19 Delays and Mandatory Specificity: United States v. Flynn’s Clarification of Waiver Doctrine under the Speedy Trial Act and Rule 12

Date: Aug 25, 2025
“Neutral-Factor” COVID-19 Delays and Mandatory Specificity: United States v. Flynn’s Clarification of Waiver Doctrine under the Speedy Trial Act and Rule 12 Introduction United States v. Flynn, No....

        United States v. Ingram: Confirming Broad District-Court Discretion to Impose
        Upward Variances Beyond Criminal-History Category VI When Guidelines Understate
        Recidivism and Danger

United States v. Ingram: Confirming Broad District-Court Discretion to Impose Upward Variances Beyond Criminal-History Category VI When Guidelines Understate Recidivism and Danger

Date: Aug 25, 2025
United States v. Ingram: Confirming Broad District-Court Discretion to Impose Upward Variances Beyond Criminal-History Category VI When Guidelines Understate Recidivism and Danger 1. Introduction The...
“Collateral-Order Appeals in Habeas Cases:  Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

“Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

Date: Aug 25, 2025
Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits 1. Introduction Farrow v. People of...
“Full-Refund Attribution” in Colorado Bankruptcy:  The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

Date: Aug 25, 2025
“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales Introduction The United States Court of Appeals for the Tenth Circuit...
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

Date: Aug 25, 2025
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws 1. Introduction Ortega v. Lujan Grisham, No. 24-2121 (10th Cir. Aug. 19,...
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Date: Aug 25, 2025
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment Commentary on United States v. Jones, 84 F.4th ___ (10th Cir. 2025) Introduction United States v. Jones...
Beyond Poverty Guidelines: Knight v. OPM Establishes the “Surplus-Income” Test for In-Forma-Pauperis Eligibility

Beyond Poverty Guidelines: Knight v. OPM Establishes the “Surplus-Income” Test for In-Forma-Pauperis Eligibility

Date: Aug 25, 2025
Beyond Poverty Guidelines: Knight v. OPM Establishes the “Surplus-Income” Test for In-Forma-Pauperis Eligibility Introduction Knight v. Office of Personnel Management (Knight v. OPM), decided by the...
“Prove It or Lose It” – United States v. Hight and the Modern Standard for Trial Continuances & Waiver of Plain-Error Review

“Prove It or Lose It” – United States v. Hight and the Modern Standard for Trial Continuances & Waiver of Plain-Error Review

Date: Aug 25, 2025
“Prove It or Lose It” – United States v. Hight and the Modern Standard for Trial Continuances & Waiver of Plain-Error Review 1. Introduction On 18 August 2025 the United States Court of Appeals for...
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Date: Aug 19, 2025
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc., BAP No. CO-24-19 (10th Cir. BAP Aug....
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

Date: Aug 19, 2025
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement 1....

        Community-Caretaking Revisited:  United States v. Ulibarri  Affirms Opperman
        Primacy and Validates Mixed-Motive Vehicle Impoundments

Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments

Date: Aug 19, 2025
Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments 1. Introduction In United States v. Ulibarri, No. 24-2080 (10th Cir....
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