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  • Commentaries
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10th Circuit Case Commentaries

“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland

“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland

Date: Jun 30, 2025
“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland Introduction On 26 June 2025, the United States Court of Appeals for the...
“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that
           (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and
           (2) Frivolous Prisoner Appeals Trigger PLRA Strikes and IFP Denials

“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and (2) Frivolous Prisoner Appeals Trigger PLRA Strikes and IFP Denials

Date: Jun 30, 2025
“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and (2) Frivolous Prisoner Appeals Trigger PLRA...
Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Date: Jun 30, 2025
Tartt v. Unified School District No. 475 Clarifying Decision-Maker Knowledge and Affidavit Admissibility in Title VII Litigation Introduction Merrier A. Jackson Tartt, an experienced Black educator...
Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute

Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute

Date: Jun 29, 2025
Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute 1. Introduction On 26 June 2025, the United States Court of...
Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025)

Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025)

Date: Jun 29, 2025
Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025) 1. Introduction In Saleem v. Garland, the United...
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Date: Jun 29, 2025
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA Comprehensive Commentary on Saleem v. Garland, No. 23-9568 & 24-9546 (10th Cir. Jun. 26, 2025) 1....
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Date: Jun 29, 2025
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion) Introduction On 26 June 2025 the United States Court of Appeals for the Tenth Circuit handed down...
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

Date: Jun 29, 2025
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals Court: United States Court of Appeals for the...
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Date: Jun 29, 2025
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals 1. Introduction In Hale-El v. Ring, Nos. 25-1044 & 25-1045 (10th Cir. 2025), the...
Vehicle-Specific Liability Coverage Upheld:  Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Date: Jun 29, 2025
Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle 1. Introduction Scott v. Nationwide Agribusiness Insurance...
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

Date: Jun 29, 2025
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses 1. Introduction On 25 June 2025, the United States...
United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

Date: Jun 29, 2025
United States v. Butler Commentary on the Tenth Circuit’s Published Opinion (June 25, 2025) Introduction On 25 June 2025, the United States Court of Appeals for the Tenth Circuit delivered a...
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

Date: Jun 27, 2025
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review 1. Introduction Franklin v. Attorney General for the State of New...
“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

Date: Jun 27, 2025
“One Bite at the Apple” – The Tenth Circuit’s New Rule on Claim Preclusion When a Plaintiff Declines to Plead Existing Diversity Jurisdiction (Markley v. U.S. Bank N.A.) 1. Introduction In Markley v....
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

Date: Jun 27, 2025
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations 1. Introduction In United States...
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

Date: Jun 27, 2025
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine Introduction United States v. Teerlink, 94 F.4th ___ (10th Cir. 2025), presented the Tenth Circuit...
Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims

Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims

Date: Jun 25, 2025
Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims Introduction In Biers v. Dentons US LLP, the United States Court...
Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force”

Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force”

Date: Jun 25, 2025
Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force” Introduction In Teetz v. Stepien, the U.S. Court of Appeals for the Tenth Circuit...
Always Compare the Defendant to Actual Participants: Berryhill’s Clarification of § 3B1.2 Mitigating-Role Analysis

Always Compare the Defendant to Actual Participants: Berryhill’s Clarification of § 3B1.2 Mitigating-Role Analysis

Date: Jun 25, 2025
Always Compare the Defendant to Actual Participants: United States v. Berryhill and the Clarified Duty to Perform a Relative-Culpability Analysis Under U.S.S.G. § 3B1.2 Introduction United States v....

        United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and 
        (2) A District Court’s Power to Vacate Its Own Erroneous Rule 29 Acquittal Without Offending Double Jeopardy

United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and (2) A District Court’s Power to Vacate Its Own Erroneous Rule 29 Acquittal Without Offending Double Jeopardy

Date: Jun 25, 2025
United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and (2) A District Court’s Power to Vacate Its Own...
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