10th Circuit Case Commentaries

Affirmation of Security Interests in Rental Income Under 11 U.S.C. §546(b) in Bankruptcy Proceedings

Date: Apr 19, 1990

Affirmation of Security Interests in Rental Income Under 11 U.S.C. §546(b) in Bankruptcy Proceedings Introduction The case of Virginia Beach Federal Savings and Loan Association v. Frank E. Wood et...

Establishing Eighth Amendment Standards and Remedies under Section 1983: The Berry v. City of Muskogee Decision

Date: Apr 11, 1990

Establishing Eighth Amendment Standards and Remedies under Section 1983: The Berry v. City of Muskogee Decision Introduction In the landmark case Linnie Kay Berry v. City of Muskogee, Oklahoma (900...

Establishing Limits on Cumulative-Error Doctrine in Defense Counsel Performance: UNITED STATES v. RIVERA

Date: Apr 5, 1990

Establishing Limits on Cumulative-Error Doctrine in Defense Counsel Performance: UNITED STATES v. RIVERA 1. Introduction The case of United States of America v. Luis Anthony Rivera (900 F.2d 1462)...

Absolute Judicial Immunity and the Mootness of Declaratory Relief: Insights from Schepp v. Fremont County

Date: Mar 31, 1990

Absolute Judicial Immunity and the Mootness of Declaratory Relief: Insights from Schepp v. Fremont County Introduction Edward G. Schepp, the plaintiff-appellant, filed a lawsuit against Fremont...

Retaliation Protections for Inmates Exercising Court Access: Smith v. Defendants

Date: Mar 30, 1990

Retaliation Protections for Inmates Exercising Court Access: Smith v. Defendants Introduction Smith v. Maschner et al. is a landmark 1990 decision by the United States Court of Appeals for the Tenth...

Good-Faith Exception Applied to Exclusionary Rule: United States v. Corral-Corral

Date: Mar 29, 1990

Good-Faith Exception Applied to Exclusionary Rule: United States v. Corral-Corral Introduction In the case of United States of America v. Rene Corral-Corral, 899 F.2d 927 (10th Cir. 1990), the United...

Distinct Boundaries of Judicial Immunity: Absolute vs. Qualified Immunity in Turney v. O'Toole

Date: Mar 27, 1990

Distinct Boundaries of Judicial Immunity: Absolute vs. Qualified Immunity in Turney v. O'Toole Introduction Rocky James Turney v. James O'Toole is a seminal case adjudicated by the United States...

Abercrombie v. City of Catoosa: Establishing Property Interest and First Amendment Retaliation Under Section 1983

Date: Mar 23, 1990

Abercrombie v. City of Catoosa: Establishing Property Interest and First Amendment Retaliation Under Section 1983 Introduction Abercrombie v. City of Catoosa is a pivotal case decided by the United...

Aggregation of Drug Quantities and Role Characterization in Sentencing: United States v. Rutter

Date: Mar 14, 1990

Aggregation of Drug Quantities and Role Characterization in Sentencing: United States v. Rutter Introduction In the landmark case of United States of America v. Ervin Earl Rutter, decided on March...

Distinguishing §1983 and §1985(3) Claims: Harmless Error Affirmed in Dixon v. City of Lawton

Date: Mar 9, 1990

Distinguishing §1983 and §1985(3) Claims: Harmless Error Affirmed in Dixon v. City of Lawton Introduction Joyce Dixon v. City of Lawton, Oklahoma is a pivotal case adjudicated by the United States...

U.S. v. Williams: Upholding Sentencing Guidelines and Good Faith in Racketeering and Drug Conspiracy Conviction

Date: Mar 6, 1990

U.S. v. Williams: Upholding Sentencing Guidelines and Good Faith in Racketeering and Drug Conspiracy Conviction Introduction The case of United States of America, Plaintiff-Appellee, v. Patricia...

Limitation of §1983 Claims to Personal Rights: Analysis of Archuleta v. McShan

Date: Mar 2, 1990

Limitation of §1983 Claims to Personal Rights: Analysis of Archuleta v. McShan Introduction Archuleta v. McShan, 897 F.2d 495 (10th Cir. 1990), is a pivotal case in understanding the scope and...

Polson v. Davis: Upholding Employment At-Will Doctrine and Exclusive Remedies in Kansas

Date: Feb 7, 1990

Polson v. Davis: Upholding Employment At-Will Doctrine and Exclusive Remedies in Kansas Introduction In the landmark case of Polson v. Davis, decided by the United States Court of Appeals for the...

Limits on Municipal Liability under 42 U.S.C. § 1983: Commentary on Plaintiffs v. Independent School District No. 16

Date: Jan 26, 1990

Limits on Municipal Liability under 42 U.S.C. § 1983: Commentary on Plaintiffs v. Independent School District No. 16 Introduction The case of Plaintiffs-Appellees v. Independent School District No....

Establishing Liability in Civil Rights Violations: Robinson v. Maruffi et al.

Date: Jan 20, 1990

Establishing Liability in Civil Rights Violations: Robinson v. Maruffi et al. Introduction Robinson v. Maruffi et al. is a significant judicial decision rendered by the United States Court of Appeals...

Affirmation of Constructive Discharge and Liquidated Damages in ADEA Claims: Spulak v. K Mart Corp.

Date: Jan 19, 1990

Affirmation of Constructive Discharge and Liquidated Damages in ADEA Claims: Spulak v. K Mart Corp. Introduction The case of Frank L. Spulak v. K Mart Corporation revolves around significant issues...

Accountability of Payor Banks under UCC §4-213(1) Affirmed in Las Vegas Ice v. Far West Bank

Date: Jan 13, 1990

Accountability of Payor Banks under UCC §4-213(1) Affirmed in Las Vegas Ice v. Far West Bank Introduction The case of Las Vegas Ice and Cold Storage Company v. Far West Bank, decided by the United...

United States v. Beaulieu: Affirmation of Using Separate Trial Testimony in Sentencing Under Federal Guidelines

Date: Jan 11, 1990

United States v. Beaulieu: Affirmation of Using Separate Trial Testimony in Sentencing Under Federal Guidelines Introduction In United States of America v. Darrell Beaulieu, the Tenth Circuit Court...

Reaffirming Standards for Conflict of Interest in Defense Representation: Insights from United States v. Bowie

Date: Jan 9, 1990

Reaffirming Standards for Conflict of Interest in Defense Representation: Insights from United States v. Bowie Introduction The case of United States of America v. Millard Bowie, adjudicated by the...

Strict Adherence to Rule 60(b) and Reasonable Attorney Fees: Insights from Pelican Production Corp. v. Marino

Date: Jan 9, 1990

Strict Adherence to Rule 60(b) and Reasonable Attorney Fees: Insights from Pelican Production Corp. v. Marino Introduction The case Pelican Production Corporation, a Louisiana Corporation; Brent...

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