Deadly Force Clearly Established at the “Unarmed and Nonthreatening” Level; No Scavenger-Hunt Specificity in Qualified Immunity I. Introduction Manning v. City of Tulsa (10th Cir. Mar. 30, 2026)...
Larson v. Stucker: COA Denied Under AEDPA Where Claims Rely on Speculative Alternate-Suspect Proof, Proper Fifth Amendment Invocation, and “Novel” Alleyne-Based Plea-Sentencing Theory I. Introduction...
Appeal Waivers Bar Contempt Appeals (and Related Rule 35(a) Challenges) When “Jurisdictional” Claims Target the Underlying Civil Case, Not the Contempt Judgment 1. Introduction In re: Contempt...
Jurisdictional Attacks on the Underlying Civil Case Do Not Defeat an Appellate Waiver in a Separate Criminal-Contempt Judgment 1. Introduction In re: Contempt Proceedings Against Carpenter (10th Cir....
Independent Operation of Auto Policy Exclusions Under Colorado Law: Exceptions to One Exclusion Do Not Create Ambiguity with Another, and No Bad-Faith Liability Without Coverage 1. Introduction In...
Untimely Appeals and Waiver Bar Collateral Attacks on Chapter 13 Agreed Judgments; Withdrawal of Continuance Waives Due-Process Complaints Case: Ricky Graham v. John Hardeman (In re Ricky Dale...
Exceptions to One Auto-Policy Exclusion Do Not Create Ambiguity or Coverage Against a Separate, Independently Dispositive Exclusion (and No Colorado Bad Faith Without Owed Benefits) Introduction In...
Rule 28 Enforcement Against Pro Se Appellants: Incorporation-by-Reference and Reply-Brief Arguments Justify Dismissal of the Appeal I. Introduction In Davis v. Howes (10th Cir. Mar. 27, 2026), Kevin...
Appeal Waivers Bar Challenges to Criminal-Contempt Judgments Despite Jurisdictional Attacks on the Underlying Civil Case 1. Introduction In In re: Contempt Proceedings Against Daniel E. Carpenter,...
Rooker-Feldman Bars Federal Constitutional Attacks Seeking to Undo State Foreclosure and Eviction Judgments I. Introduction In Surface v. Home Mortgage Alliance, LLC (10th Cir. Mar. 27, 2026)...
Harmless-Error Framework for Rule 32.1(b)(2)(C) Confrontation/Balancing Errors in Supervised-Release Revocations Introduction In United States v. Gaines (10th Cir. Mar. 27, 2026) (nonprecedential...
Federal Sovereign-Injury Standing in Criminal Prosecutions: Article III Does Not Require a Victim-Type Injury Case: United States v. Roark (10th Cir. Mar. 27, 2026) (order denying certificate of...
COA Denial Under AEDPA: “Double Deference” to Strickland Strategy Findings and Harmless Error for Non‑Open‑Court Jury Note Responses Introduction In Montgomery v. Cotton (10th Cir. Mar. 26, 2026),...
Independent Policy Exclusions Are Read Separately; Cross-Exclusion Exceptions Do Not Create Ambiguity, and Bad-Faith Claims Fail Absent Coverage Case: Garrison Property and Casualty v. Horton (Nos....
Expungement During a Pending First § 2255 Proceeding Still Triggers the Second-or-Successive Bar (Lack of Notice Does Not Invoke Weathersby) Introduction In United States v. Smith (10th Cir. Mar. 25,...
Federal Power Act Exit Fees for Cooperative Withdrawals: FERC May Reject Lost-Revenues and Approve a Balance-Sheet Method with Transmission Crediting Case: Tri-State Generation and Transmission...
No Breach, No Lost Revenues: FERC May Require Balance-Sheet Exit Fees with Transmission Crediting for Cooperative Withdrawals Introduction Tri-State Generation and Transmission Association, Inc....
Tariff-Based Cooperative Withdrawals Need Not Use Lost-Revenues Exit Fees: Tenth Circuit Upholds FERC’s Balance-Sheet Methodology and Transmission Crediting I. Introduction In Tri-State Generation...
Tenth Circuit Endorses FERC’s Balance-Sheet Exit-Fee Methodology for G&T Cooperatives and Rejects Lost-Revenues “Damages” Absent Breach Case: Tri-State Generation and Transmission Association, Inc....
Biglow v. Dell Technologies: Verification Duty for AI-Generated Citations and the Narrow Path to Vacatur Under the FAA I. Introduction Parties: Kevin Lee Biglow (pro se employee; later briefly...