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  • Commentaries
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10th Circuit Case Commentaries

Clark v. Wyoming DOC and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals

Clark v. Wyoming DOC and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals

Date: Nov 23, 2025
Clark v. Wyoming Department of Corrections and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals I. Introduction The Tenth Circuit’s order and judgment in Clark v....
Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025)

Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025)

Date: Nov 23, 2025
Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025) I. Introduction In United States v....
Crosby v. Warden ADX: Particularity Requirements for § 2241 Habeas Challenges to First Step Act Time Credits

Crosby v. Warden ADX: Particularity Requirements for § 2241 Habeas Challenges to First Step Act Time Credits

Date: Nov 20, 2025
Crosby v. Warden ADX: Particularity Requirements for § 2241 Habeas Challenges to First Step Act Time Credits I. Introduction The Tenth Circuit’s nonprecedential order and judgment in Crosby v. Warden...
When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences

When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences

Date: Nov 20, 2025
When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences I. Introduction In United States v. Cooper, No. 23‑4052 (10th Cir....
United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions

United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions

Date: Nov 20, 2025
United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions I. Introduction In United States v. Hebert, No. 24‑7030 (10th Cir. Nov. 18, 2025), the...
United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock

United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock

Date: Nov 20, 2025
United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock I. Introduction In United States v. Roper, No. 25‑2037 (10th Cir. Nov. 18,...
Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025)

Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025)

Date: Nov 20, 2025
Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025) I. Introduction This commentary analyzes the Tenth...
Johnson v. Harpe: Jurisdictional Limits on Second-or-Successive § 2254 Petitions and the Demanding Actual Innocence Gateway

Johnson v. Harpe: Jurisdictional Limits on Second-or-Successive § 2254 Petitions and the Demanding Actual Innocence Gateway

Date: Nov 20, 2025
Johnson v. Harpe: Jurisdictional Limits on Second-or-Successive § 2254 Petitions and the Demanding Actual Innocence Gateway I. Introduction In Johnson v. Harpe, No. 25-6123 (10th Cir. Nov. 17, 2025)...
Recidivist Conduct Outside the Ten-Year Period as an Aggravator of an In-Period DUI: Commentary on Luna-Corona v. Bondi (10th Cir. 2025)

Recidivist Conduct Outside the Ten-Year Period as an Aggravator of an In-Period DUI: Commentary on Luna-Corona v. Bondi (10th Cir. 2025)

Date: Nov 20, 2025
Recidivist Conduct Outside the Ten-Year Period as an Aggravator of an In-Period DUI: Commentary on Luna-Corona v. Bondi (10th Cir. 2025) I. Introduction In Luna-Corona v. Bondi, No. 24-9522 (10th...
Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class actions absent an independent tort

Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class actions absent an independent tort

Date: Nov 19, 2025
Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class...
Blaine v. Mystere Living & Healthcare: Appellate Review Is Limited to Preserved Theories of Harm in Title VII Cases

Blaine v. Mystere Living & Healthcare: Appellate Review Is Limited to Preserved Theories of Harm in Title VII Cases

Date: Nov 16, 2025
Appellate Review Is Limited to Preserved Theories of Harm in Title VII Cases Introduction In Blaine v. Mystere Living & Healthcare, Inc., No. 24-3121 (10th Cir. Nov. 14, 2025), a Tenth Circuit panel...
Tenth Circuit Narrows § 1446(b)(3): “Other Paper” Must Originate in the Removed Case; Prior Jurisdictional Dismissals Preclude Re‑Litigation of Administrative Exhaustion

Tenth Circuit Narrows § 1446(b)(3): “Other Paper” Must Originate in the Removed Case; Prior Jurisdictional Dismissals Preclude Re‑Litigation of Administrative Exhaustion

Date: Nov 16, 2025
Tenth Circuit Narrows § 1446(b)(3): “Other Paper” Must Originate in the Removed Case; Prior Jurisdictional Dismissals Preclude Re‑Litigation of Administrative Exhaustion Introduction This published...
Abstention Can Stay FAA § 4 Petitions When Unsettled State-Law Public-Policy Issues Predominate: The Tenth Circuit’s Guidance in Nu Skin Enterprises v. Raab

Abstention Can Stay FAA § 4 Petitions When Unsettled State-Law Public-Policy Issues Predominate: The Tenth Circuit’s Guidance in Nu Skin Enterprises v. Raab

Date: Nov 16, 2025
Abstention Can Stay FAA § 4 Petitions When Unsettled State-Law Public-Policy Issues Predominate: The Tenth Circuit’s Guidance in Nu Skin Enterprises v. Raab Introduction Nu Skin Enterprises, Inc.,...
Final Means Final: Tenth Circuit Bars Collateral Attacks on Subject‑Matter Jurisdiction and Affirms Vexatious‑Litigant Remedies in Massey v. Computershare

Final Means Final: Tenth Circuit Bars Collateral Attacks on Subject‑Matter Jurisdiction and Affirms Vexatious‑Litigant Remedies in Massey v. Computershare

Date: Nov 16, 2025
Final Means Final: Tenth Circuit Bars Collateral Attacks on Subject‑Matter Jurisdiction and Affirms Vexatious‑Litigant Remedies in Massey v. Computershare Introduction In Massey v. Computershare...
No Collateral Attack on Jurisdiction: Tenth Circuit Reaffirms Res Judicata and Upholds Fees and Filing Restrictions in Massey v. Computershare Limited

No Collateral Attack on Jurisdiction: Tenth Circuit Reaffirms Res Judicata and Upholds Fees and Filing Restrictions in Massey v. Computershare Limited

Date: Nov 16, 2025
No Collateral Attack on Jurisdiction: Tenth Circuit Reaffirms Res Judicata and Upholds Fees and Filing Restrictions in Massey v. Computershare Limited Introduction In Massey v. Computershare Limited,...
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Date: Nov 16, 2025
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare Introduction In...
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

Date: Nov 16, 2025
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare Introduction In Massey v. Computershare...
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Date: Nov 16, 2025
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived Introduction In United States v. Cerrato-Avila, No. 24-1193 (10th Cir. Nov. 13,...
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Date: Nov 16, 2025
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage Introduction In United States v....
Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v. Cunningham

Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v. Cunningham

Date: Nov 16, 2025
Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v....
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