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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) I. Introduction In United States v....
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Requirements for § 2241 Habeas Challenges to First Step Act Time Credits I. Introduction The Tenth Circuit’s nonprecedential order and judgment in Crosby v. Warden...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 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 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 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) I. Introduction This commentary analyzes the Tenth...
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) I. Introduction In Luna-Corona v. Bondi, No. 24-9522 (10th...
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 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 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 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 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 Introduction In...
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 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 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....