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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Reaffirmation of AEDPA’s One-Year Limit: Denial of COA in Franklin v. State of Oklahoma

Reaffirmation of AEDPA’s One-Year Limit: Denial of COA in Franklin v. State of Oklahoma

Date: Mar 21, 2025
Reaffirmation of AEDPA’s One-Year Limit: Denial of COA in Franklin v. State of Oklahoma Introduction Franklin v. State of Oklahoma is a 2025 decision of the United States Court of Appeals for the...
Reinforcing Exhaustion and Aggregate Hardship Analysis in Cancellation of Removal: New Judicial Insights

Reinforcing Exhaustion and Aggregate Hardship Analysis in Cancellation of Removal: New Judicial Insights

Date: Mar 20, 2025
Reinforcing Exhaustion and Aggregate Hardship Analysis in Cancellation of Removal: New Judicial Insights Introduction The case of Carlos Manuel-Ramirez v. Pamela Bondi, United States Attorney General...
New Precedent on Equitable Estoppel and Delegation Clauses in Arbitration Agreements

New Precedent on Equitable Estoppel and Delegation Clauses in Arbitration Agreements

Date: Mar 20, 2025
New Precedent on Equitable Estoppel and Delegation Clauses in Arbitration Agreements Introduction The recent decision by the United States Court of Appeals for the Tenth Circuit in the case of Ana...
Clarifying AEDPA Equitable Tolling and COA Standards: Irlanda v. Stancil

Clarifying AEDPA Equitable Tolling and COA Standards: Irlanda v. Stancil

Date: Mar 20, 2025
Clarifying AEDPA Equitable Tolling and COA Standards: Irlanda v. Stancil Introduction The Tenth Circuit’s order in Irlanda v. Stancil addresses the intersection of statutory and equitable tolling...
New Precedent: Fourth Amendment Limits on Warrantless Canine Entry and Use of Force in Luethje v. Kyle

New Precedent: Fourth Amendment Limits on Warrantless Canine Entry and Use of Force in Luethje v. Kyle

Date: Mar 20, 2025
New Precedent: Fourth Amendment Limits on Warrantless Canine Entry and Use of Force in Luethje v. Kyle Introduction The Tenth Circuit’s decision in Luethje v. Kyle (March 19, 2025) clarifies critical...
Luethje v. Kyle: Fourth Amendment Limits on Police Canine Entry and Use of Force

Luethje v. Kyle: Fourth Amendment Limits on Police Canine Entry and Use of Force

Date: Mar 20, 2025
Luethje v. Kyle: Fourth Amendment Limits on Police Canine Entry and Use of Force Introduction This case concerns the constitutional boundaries of police canine deployment, warrantless home entry,...
Clarifying Equitable Tolling Under AEDPA: Attorney Miscalculation Insufficient (Irlanda v. Stancil)

Clarifying Equitable Tolling Under AEDPA: Attorney Miscalculation Insufficient (Irlanda v. Stancil)

Date: Mar 20, 2025
Clarifying Equitable Tolling Under AEDPA: Attorney Miscalculation Insufficient (Irlanda v. Stancil) Introduction In Irlanda v. Stancil (10th Cir. Mar. 19, 2025), the United States Court of Appeals...
Streamlined Consideration of §3553(a) Factors in Sentence Reduction Motions

Streamlined Consideration of §3553(a) Factors in Sentence Reduction Motions

Date: Mar 15, 2025
Streamlined Consideration of §3553(a) Factors in Sentence Reduction Motions Introduction The case United States of America v. Pedro Solis-Rodriguez and United States of America v. Richard Wilborn...
Reaffirming Judicial Discretion in Sentencing: Uncontested PSR Allegations and Upward Variances Based on Criminal History

Reaffirming Judicial Discretion in Sentencing: Uncontested PSR Allegations and Upward Variances Based on Criminal History

Date: Mar 15, 2025
Reaffirming Judicial Discretion in Sentencing: Uncontested PSR Allegations and Upward Variances Based on Criminal History Introduction The case of UNITED STATES OF AMERICA v. ISMAEL VAZQUEZ-GARCIA...
Clarifying the "Unable-or-Unwilling" Standard for Private Persecution in Asylum Claims

Clarifying the "Unable-or-Unwilling" Standard for Private Persecution in Asylum Claims

Date: Mar 14, 2025
Clarifying the "Unable-or-Unwilling" Standard for Private Persecution in Asylum Claims Introduction The judgment in Amarjeet Singh v. Pamela J. Bondi, United States Attorney General represents an...
Numerical Bar and Administrative Finality: Reaffirming Restrictions on Reopened Removal Proceedings

Numerical Bar and Administrative Finality: Reaffirming Restrictions on Reopened Removal Proceedings

Date: Mar 14, 2025
Numerical Bar and Administrative Finality: Reaffirming Restrictions on Reopened Removal Proceedings Introduction The case of Enrique Dominguez v. Pamela J. Bondi, United States Attorney General,...
Clarifying the Tolling of AEDPA Limitations: The Inapplicability of Late-Filed State Relief Motions

Clarifying the Tolling of AEDPA Limitations: The Inapplicability of Late-Filed State Relief Motions

Date: Mar 14, 2025
Clarifying the Tolling of AEDPA Limitations: The Inapplicability of Late-Filed State Relief Motions Introduction This commentary examines the recent decision in the case of Delano Medina, a/k/a...
Enhanced Judicial Discretion: Recognizing Individualized Assessment in Sentencing Variances

Enhanced Judicial Discretion: Recognizing Individualized Assessment in Sentencing Variances

Date: Mar 14, 2025
Enhanced Judicial Discretion: Recognizing Individualized Assessment in Sentencing Variances Introduction This commentary analyzes the United States Court of Appeals, Tenth Circuit’s decision in...
Clarifying Appellate Jurisdiction: Attorney Misconduct Orders in Non-Final Decisions

Clarifying Appellate Jurisdiction: Attorney Misconduct Orders in Non-Final Decisions

Date: Mar 13, 2025
Clarifying Appellate Jurisdiction: Attorney Misconduct Orders in Non-Final Decisions Introduction This commentary examines a recent decision by the United States Court of Appeals for the Tenth...
Establishing Standing Through Causal Connection: The 2022 Operating Agreement Amendment and Investor Redress

Establishing Standing Through Causal Connection: The 2022 Operating Agreement Amendment and Investor Redress

Date: Mar 13, 2025
Establishing Standing Through Causal Connection: The 2022 Operating Agreement Amendment and Investor Redress Introduction This commentary examines the recent decision of the United States Court of...
Clarifying Fourth Amendment Protections: Particularity in Warrants and the Consent-Based Seizure of Bodily Evidence

Clarifying Fourth Amendment Protections: Particularity in Warrants and the Consent-Based Seizure of Bodily Evidence

Date: Mar 13, 2025
Clarifying Fourth Amendment Protections: Particularity in Warrants and the Consent-Based Seizure of Bodily Evidence Introduction The case of United States of America v. Joseph Gaye presents a complex...
Affirming Investigatory Stops and Limited Frisks under the Fourth Amendment: A Tenth Circuit Analysis

Affirming Investigatory Stops and Limited Frisks under the Fourth Amendment: A Tenth Circuit Analysis

Date: Mar 13, 2025
Affirming Investigatory Stops and Limited Frisks under the Fourth Amendment: A Tenth Circuit Analysis Introduction The judgment in United States of America v. Adam Douglas Sherwood, decided by the...
Establishing the Threshold for Frivolous Appeals: Dismissal of Ineffective Counsel and Misconduct Claims

Establishing the Threshold for Frivolous Appeals: Dismissal of Ineffective Counsel and Misconduct Claims

Date: Mar 13, 2025
Establishing the Threshold for Frivolous Appeals: Dismissal of Ineffective Counsel and Misconduct Claims Introduction The United States Court of Appeals for the Tenth Circuit rendered a decision on...
Jurisdictional Limits on Post-Expiration Revocation: The "Reasonably Necessary" Standard under 18 U.S.C. § 3583(i)

Jurisdictional Limits on Post-Expiration Revocation: The "Reasonably Necessary" Standard under 18 U.S.C. § 3583(i)

Date: Mar 13, 2025
Jurisdictional Limits on Post-Expiration Revocation: The "Reasonably Necessary" Standard under 18 U.S.C. § 3583(i) Introduction This commentary examines the decision in UNITED STATES OF AMERICA v....
Threatening Frivolous Litigation as Governmental Retaliation: A New Precedent in First Amendment Protection

Threatening Frivolous Litigation as Governmental Retaliation: A New Precedent in First Amendment Protection

Date: Mar 13, 2025
Threatening Frivolous Litigation as Governmental Retaliation: A New Precedent in First Amendment Protection Introduction The case of Rowena Tachias and Monique Dereta v. Dana Sanders and the Los...
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