10th Circuit Case Commentaries

Vagueness in Capital Sentencing: CARTWRIGHT v. MAYNARD and the "Especially Heinous, Atrocious, or Cruel" Standard

Date: Jun 23, 1987

Vagueness in Capital Sentencing: CARTWRIGHT v. MAYNARD and the "Especially Heinous, Atrocious, or Cruel" Standard Introduction CARTWRIGHT v. MAYNARD, 822 F.2d 1477 (10th Cir. 1987), marks a pivotal...

Affirmation of Personal Jurisdiction and Procedural Standards in Guaranty Agreement Breach

Date: Jun 20, 1987

Affirmation of Personal Jurisdiction and Procedural Standards in Guaranty Agreement Breach Introduction The case of First City Bank, N.A. v. Air Capitol Aircraft Sales, Inc. and Gary R. Morgan...

Establishing State Action in § 1983 Claims: The Frank Lee v. Town of Estes Park Decision

Date: Jun 6, 1987

Establishing State Action in § 1983 Claims: The Frank Lee v. Town of Estes Park Decision Introduction The case of Frank Lee v. Town of Estes Park ([820 F.2d 1112 (10th Cir....

Enhancing Fair Hearing Standards in Unemployment Compensation: Shaw v. Valdez

Date: May 27, 1987

Enhancing Fair Hearing Standards in Unemployment Compensation: Shaw v. Valdez Introduction The case of Barry D. Shaw v. Ruben A. Valdez and others, adjudicated by the United States Court of Appeals...

Reevaluation of Waiver of Counsel: Tenth Circuit's Decision in United States v. Padilla

Date: May 22, 1987

Reevaluation of Waiver of Counsel: Tenth Circuit's Decision in United States v. Padilla Introduction In the landmark case of United States of America v. Herman Padilla, the United States Court of...

Overbroad Restrictions on Anonymous Campaign Literature: Wilson v. Stocker

Date: May 15, 1987

Overbroad Restrictions on Anonymous Campaign Literature: Wilson v. Stocker Introduction James E. Wilson, the plaintiff-appellee, challenged the constitutionality of a state statute in James E. Wilson...

Reasonable Reliance Required for Non-Discharge of Debt under §523(a)(2): Analysis of In Re Michael Duane Mullet

Date: May 2, 1987

Reasonable Reliance Required for Non-Discharge of Debt under §523(a)(2): Analysis of In Re Michael Duane Mullet Introduction The case of In Re Michael Duane Mullet, Debtor versus First Bank of...

Excessive School Corporal Punishment Constitutes a Violation of Substantive Due Process: Garcia v. Miera

Date: Apr 29, 1987

Excessive School Corporal Punishment Constitutes a Violation of Substantive Due Process: Garcia v. Miera Introduction Garcia v. Miera et al., 817 F.2d 650 (10th Cir. 1987), adjudicated by the United...

Reaffirming the Treating Physician Rule: Kemp v. Bowen Establishes Critical Precedent in Disability Benefit Evaluations

Date: Apr 25, 1987

Reaffirming the Treating Physician Rule: Kemp v. Bowen Establishes Critical Precedent in Disability Benefit Evaluations Introduction Audette Kemp v. Otis R. Bowen, Secretary of Health and Human...

Defining "Locomotive" Under the Boiler Inspection Act: Insights from Garcia v. Burlington Northern Railroad Co.

Date: Apr 23, 1987

Defining "Locomotive" Under the Boiler Inspection Act: Insights from Garcia v. Burlington Northern Railroad Co. Introduction The case of Joe E. Garcia v. Burlington Northern Railroad Company...

Oral Pronouncement Supersedes Written Sentencing Orders: Comprehensive Analysis of United States v. Villano

Date: Apr 22, 1987

Oral Pronouncement Supersedes Written Sentencing Orders: Comprehensive Analysis of United States v. Villano Introduction United States of America v. Paul C. "Paulie" Villano, 816 F.2d 1448 (10th Cir....

Class Proofs of Claim in Bankruptcy Proceedings: Insights from In Re Standard Metals Corporation v. Sheftelman

Date: Apr 21, 1987

Class Proofs of Claim in Bankruptcy Proceedings: Insights from In Re Standard Metals Corporation v. Sheftelman Introduction The case of In Re Standard Metals Corporation, Debtor. Dann S. Sheftelman,...

Proper Evaluation of Medical Evidence and Transferable Skills in Disability Claims: Frey v. Bowen

Date: Apr 11, 1987

Proper Evaluation of Medical Evidence and Transferable Skills in Disability Claims: Frey v. Bowen Introduction George W. Frey appealed the decision of the Secretary of the Department of Health and...

Agency Liability and Evidentiary Standards in Tort Litigation: Insights from Bradbury v. Phillips Petroleum Company

Date: Apr 8, 1987

Agency Liability and Evidentiary Standards in Tort Litigation: Insights from Bradbury v. Phillips Petroleum Company Introduction The case of Alan Bradbury and Thom Panunzio v. Phillips Petroleum...

Affirmation of District Court's Authority to Lift Automatic Stay Under 11 U.S.C. § 362 in Context of State Court Proceedings

Date: Mar 28, 1987

Affirmation of District Court's Authority to Lift Automatic Stay Under 11 U.S.C. § 362 in Context of State Court Proceedings Introduction The case of Charles Pursifull, Trustee in Bankruptcy v. Jimmy...

Substantial Evidence and the Weight of Treating Physicians' Testimony: Tenth Circuit Reverses SSA Disability Denial in Talbot v. Heckler

Date: Mar 17, 1987

Substantial Evidence and the Weight of Treating Physicians' Testimony: Tenth Circuit Reverses SSA Disability Denial in Talbot v. Heckler Introduction In the landmark appellate case Harley T. Talbot...

In Re: United States of America v. Phillip Troutman - Establishing Standards for Prosecutorial Conflict of Interest

Date: Mar 14, 1987

In Re: United States of America v. Phillip Troutman - Establishing Standards for Prosecutorial Conflict of Interest Introduction The case of United States of America v. Phillip Troutman (814 F.2d...

Enhancing Fourth Amendment Protections: Insights from Ryder v. City of Topeka

Date: Mar 7, 1987

Enhancing Fourth Amendment Protections: Insights from Ryder v. City of Topeka Introduction In the landmark case Candi Ryder v. The City of Topeka and Michael Meyer (814 F.2d 1412, 10th Cir. 1987),...

Implied Covenant of Good Faith in Lease Agreements: Dayton Hudson Corp. v. Macerich Real Estate Co.

Date: Mar 5, 1987

Implied Covenant of Good Faith in Lease Agreements: Dayton Hudson Corp. v. Macerich Real Estate Co. Introduction The case of Dayton Hudson Corporation, a Minnesota Corporation, Fred Monsour, Trustee...

Racial Discrimination in Peremptory Challenges and Double Jeopardy in Consecutive Sentencing – USA v. Chalan, Jr. (812 F.2d 1302)

Date: Mar 4, 1987

Racial Discrimination in Peremptory Challenges and Double Jeopardy in Consecutive Sentencing – United States of America v. Daniel Chalan, Jr. (812 F.2d 1302) Introduction United States of America v....

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