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  • Commentaries
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10th Circuit Case Commentaries

Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Dismisses Late Appeals and Affirms Denial of Post‑Judgment Relief in Vanbuskirk v. State of Oklahoma

Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Dismisses Late Appeals and Affirms Denial of Post‑Judgment Relief in Vanbuskirk v. State of Oklahoma

Date: Mar 26, 2025
Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Dismisses Late Appeals and Affirms Denial of Post‑Judgment Relief in Vanbuskirk v. State of Oklahoma Introduction In Vanbuskirk v. State...
"Brief Concealment" Plus "My Room" Admission Suffice for Constructive Possession; Perjury Enhancement Upheld for Jail-Call Efforts to Shift Blame; § 922(g)(1) Reaffirmed Post‑Rahimi — Commentary on United States v. Whitehead (10th Cir. Mar. 25, 2025)

"Brief Concealment" Plus "My Room" Admission Suffice for Constructive Possession; Perjury Enhancement Upheld for Jail-Call Efforts to Shift Blame; § 922(g)(1) Reaffirmed Post‑Rahimi — Commentary on United States v. Whitehead (10th Cir. Mar. 25, 2025)

Date: Mar 26, 2025
"Brief Concealment" Plus "My Room" Admission Suffice for Constructive Possession; Perjury Enhancement Upheld for Jail-Call Efforts to Shift Blame; § 922(g)(1) Reaffirmed Post‑Rahimi — Commentary on...
Untimely Rule 59(e) Motions Do Not Toll Appeals and Pro Se Litigants Cannot Represent Others: The Tenth Circuit’s Strict Application of Jurisdictional Deadlines in Gunter v. State of Oklahoma

Untimely Rule 59(e) Motions Do Not Toll Appeals and Pro Se Litigants Cannot Represent Others: The Tenth Circuit’s Strict Application of Jurisdictional Deadlines in Gunter v. State of Oklahoma

Date: Mar 26, 2025
Untimely Rule 59(e) Motions Do Not Toll Appeals and Pro Se Litigants Cannot Represent Others: The Tenth Circuit’s Strict Application of Jurisdictional Deadlines in Gunter v. State of Oklahoma...
Inferring Intent to Control in Joint-Occupancy Constructive Possession and Post-Rahimi Endorsement of § 922(g)(1): United States v. Whitehead (10th Cir. 2025)

Inferring Intent to Control in Joint-Occupancy Constructive Possession and Post-Rahimi Endorsement of § 922(g)(1): United States v. Whitehead (10th Cir. 2025)

Date: Mar 26, 2025
Inferring Intent to Control in Joint-Occupancy Constructive Possession and Post-Rahimi Endorsement of § 922(g)(1): United States v. Whitehead (10th Cir. 2025) Introduction In United States v....
Precision Controls Scope: Tenth Circuit Limits Arbitrator Authority to Precisely Submitted Issues in Labor Arbitration

Precision Controls Scope: Tenth Circuit Limits Arbitrator Authority to Precisely Submitted Issues in Labor Arbitration

Date: Mar 26, 2025
Precision Controls Scope: Tenth Circuit Limits Arbitrator Authority to Precisely Submitted Issues in Labor Arbitration Introduction In HollyFrontier Cheyenne Refining, LLC v. United Steel, Paper &...
Strict Enforcement of Appellate Deadlines and Pro Se Procedural Compliance

Strict Enforcement of Appellate Deadlines and Pro Se Procedural Compliance

Date: Mar 26, 2025
Strict Enforcement of Appellate Deadlines and Pro Se Procedural Compliance 1. Introduction Gunter v. State of Oklahoma, decided by the United States Court of Appeals for the Tenth Circuit on March...
Timeliness Is Jurisdictional: Tenth Circuit Dismisses Untimely Appeals and Upholds Denial of Post‑Judgment Relief in Gunter v. State of Oklahoma

Timeliness Is Jurisdictional: Tenth Circuit Dismisses Untimely Appeals and Upholds Denial of Post‑Judgment Relief in Gunter v. State of Oklahoma

Date: Mar 26, 2025
Timeliness Is Jurisdictional: Tenth Circuit Dismisses Untimely Appeals and Upholds Denial of Post‑Judgment Relief in Gunter v. State of Oklahoma Introduction In Gunter v. State of Oklahoma, the...
Pierce v. Cannon: Kansas’s COVID-19 Suspension Applies to § 1983 Deadlines, Delaying the Limitations Clock to April 15, 2021; Official-Capacity Damages Claims Barred by Eleventh Amendment

Pierce v. Cannon: Kansas’s COVID-19 Suspension Applies to § 1983 Deadlines, Delaying the Limitations Clock to April 15, 2021; Official-Capacity Damages Claims Barred by Eleventh Amendment

Date: Mar 26, 2025
Pierce v. Cannon: Kansas’s COVID-19 Suspension Applies to § 1983 Deadlines, Delaying the Limitations Clock to April 15, 2021; Official-Capacity Damages Claims Barred by Eleventh Amendment...
Gunter v. State of Oklahoma: Tenth Circuit Reaffirms the Jurisdictional Strictness of Appellate Deadlines and the Limits of Post-Judgment Relief

Gunter v. State of Oklahoma: Tenth Circuit Reaffirms the Jurisdictional Strictness of Appellate Deadlines and the Limits of Post-Judgment Relief

Date: Mar 26, 2025
Gunter v. State of Oklahoma: Tenth Circuit Reaffirms the Jurisdictional Strictness of Appellate Deadlines and the Limits of Post-Judgment Relief Introduction In this nonprecedential order and...
Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Reaffirms Jurisdictional Deadlines and Pro Se Limits in VanBuskirk v. State of Oklahoma

Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Reaffirms Jurisdictional Deadlines and Pro Se Limits in VanBuskirk v. State of Oklahoma

Date: Mar 26, 2025
Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Reaffirms Jurisdictional Deadlines and Pro Se Limits in VanBuskirk v. State of Oklahoma Introduction In VanBuskirk v. State of Oklahoma,...
Pierce v. Cannon: Tenth Circuit Applies Kansas COVID-19 Limitations Suspension to § 1983 Claims and Reaffirms Eleventh-Amendment Bar on Official-Capacity Damages

Pierce v. Cannon: Tenth Circuit Applies Kansas COVID-19 Limitations Suspension to § 1983 Claims and Reaffirms Eleventh-Amendment Bar on Official-Capacity Damages

Date: Mar 26, 2025
Pierce v. Cannon: Tenth Circuit Applies Kansas COVID-19 Limitations Suspension to § 1983 Claims and Reaffirms Eleventh-Amendment Bar on Official-Capacity Damages Introduction In Pierce v. Cannon, No....
United States v. Lin: Knowledge of Marijuana’s Identity Satisfies § 846 Mens Rea; Evidence of State-Law Legality Is Irrelevant; Willful-Blindness Instruction Upheld

United States v. Lin: Knowledge of Marijuana’s Identity Satisfies § 846 Mens Rea; Evidence of State-Law Legality Is Irrelevant; Willful-Blindness Instruction Upheld

Date: Mar 25, 2025
United States v. Lin: Knowledge of Marijuana’s Identity Satisfies § 846 Mens Rea; Evidence of State-Law Legality Is Irrelevant; Willful-Blindness Instruction Upheld Introduction In United States v....
Nonparty Insurer May Invoke Colorado Issue Preclusion to Defeat Coverage Based on a Dismissed Underlying Claim; Duty to Defend Ends When the Only Covered Claim Is Voluntarily Dismissed

Nonparty Insurer May Invoke Colorado Issue Preclusion to Defeat Coverage Based on a Dismissed Underlying Claim; Duty to Defend Ends When the Only Covered Claim Is Voluntarily Dismissed

Date: Mar 25, 2025
Nonparty Insurer May Invoke Colorado Issue Preclusion to Defeat Coverage Based on a Dismissed Underlying Claim; Duty to Defend Ends When the Only Covered Claim Is Voluntarily Dismissed Case: State...
State-Law Belief Is No Defense: Knowledge of Marijuana’s Identity Alone Satisfies § 846 Mens Rea, Making State-Law “Legality” Evidence Irrelevant

State-Law Belief Is No Defense: Knowledge of Marijuana’s Identity Alone Satisfies § 846 Mens Rea, Making State-Law “Legality” Evidence Irrelevant

Date: Mar 25, 2025
State-Law Belief Is No Defense: Knowledge of Marijuana’s Identity Alone Satisfies § 846 Mens Rea, Making State-Law “Legality” Evidence Irrelevant Introduction In United States v. Lin, No. 24-6130...
Nonmutual Defensive Issue Preclusion Bars Relitigation of State‑Court Dismissal in Federal Coverage Disputes: State Farm Fire & Casualty Co. v. Webb (10th Cir. 2025)

Nonmutual Defensive Issue Preclusion Bars Relitigation of State‑Court Dismissal in Federal Coverage Disputes: State Farm Fire & Casualty Co. v. Webb (10th Cir. 2025)

Date: Mar 25, 2025
Nonmutual Defensive Issue Preclusion Bars Relitigation of State‑Court Dismissal in Federal Coverage Disputes Commentary on State Farm Fire & Casualty Co. v. Webb, No. 24-1096 (10th Cir. Mar. 24,...
RICO, Eleventh Amendment Immunity, and Procedural Waiver: Clarifying the Boundaries of Appellate Review

RICO, Eleventh Amendment Immunity, and Procedural Waiver: Clarifying the Boundaries of Appellate Review

Date: Mar 24, 2025
RICO, Eleventh Amendment Immunity, and Procedural Waiver: Clarifying the Boundaries of Appellate Review Introduction This commentary analyzes the recent decision from the United States Court of...
Limiting Government Liability: Reaffirming the Independent Contractor Rule on Premises Safety under the FTCA

Limiting Government Liability: Reaffirming the Independent Contractor Rule on Premises Safety under the FTCA

Date: Mar 24, 2025
Limiting Government Liability: Reaffirming the Independent Contractor Rule on Premises Safety under the FTCA Introduction This commentary examines the recent decision in the case of Larry Dean v....
The Consequences of Untimely Objections: Affirmation of Appellate Review Waiver in Civil Rights Litigation

The Consequences of Untimely Objections: Affirmation of Appellate Review Waiver in Civil Rights Litigation

Date: Mar 24, 2025
The Consequences of Untimely Objections: Affirmation of Appellate Review Waiver in Civil Rights Litigation Introduction The case of Wesley Wayne Pappas v. Drug Enforcement Agent Shannon Moham et al....
Inadequate Record Submissions as Grounds for Appellate Waiver: A New Benchmark in Procedural Compliance

Inadequate Record Submissions as Grounds for Appellate Waiver: A New Benchmark in Procedural Compliance

Date: Mar 24, 2025
Inadequate Record Submissions as Grounds for Appellate Waiver: A New Benchmark in Procedural Compliance Introduction The case of Allen R. Davison and Sharon L. Davison v. Commissioner of Internal...
Strict Enforcement of the One-Year Limitations Period in Federal Habeas Appeals

Strict Enforcement of the One-Year Limitations Period in Federal Habeas Appeals

Date: Mar 21, 2025
Strict Enforcement of the One-Year Limitations Period in Federal Habeas Appeals Introduction Franklin v. State of Oklahoma, No. 24-6225 (10th Cir. Mar. 20, 2025), presents a prisoner’s pro se...
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