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  • Commentaries
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10th Circuit Case Commentaries

Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Date: Jun 10, 2025
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach Introduction The case of United States v. Nahkai presents a nuanced examination of the “custodial...
Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes

Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes

Date: Jun 3, 2025
Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes Introduction This commentary examines the Tenth Circuit’s June 2, 2025...
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action

Date: Jun 3, 2025
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action Introduction Fernandez v. Greyhound Lines, Inc. is a June 2, 2025 decision of the United States Court...
Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i)

Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i)

Date: May 31, 2025
Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i) Introduction United States v. Peppers, Nos. 23-3112 & 23-3113 (10th Cir. May...
Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment

Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment

Date: May 31, 2025
Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment 1. Introduction In Schwartz v. Gentempo, 10th Cir. No. 23-1393 (May 30, 2025), the United...
United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i)

United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i)

Date: May 31, 2025
United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i) Introduction United States v. Peppers, 10th Cir. (May 30, 2025), addresses...
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Date: May 30, 2025
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy Introduction United States v. Maryboy, 23-4117 (10th Cir. May 29, 2025), presents two intertwined questions...
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

Date: May 30, 2025
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability Introduction In House v. Long, 10th Cir. No. 25-1119 (May 29, 2025), the United States Court of Appeals...
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

Date: May 30, 2025
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d) Introduction United States v. Ruston is a 2025 decision of the Tenth Circuit Court of Appeals that...
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Date: May 30, 2025
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review Introduction Jenkins v. Bridges is a decision of the United States Court of Appeals for the Tenth...
Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9)

Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9)

Date: May 29, 2025
Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9) Introduction The Tenth Circuit’s decision in United States v. Jackson (No. 23-6047, 2025)...
Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat

Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat

Date: May 29, 2025
Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat Introduction Cruz v. City of Deming is a 2025 decision of the United States Court of Appeals for the Tenth Circuit addressing...
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth

Date: May 29, 2025
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth Introduction Laber v. Hegseth, No. 23-3157 (10th Cir. May 28, 2025), arises from a pro...
Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary

Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary

Date: May 29, 2025
Strickland Prejudice Standard in §2255 Proceedings: When Evidentiary Hearings Are Unnecessary Introduction The case of United States v. Jim arises from a pro se §2255 collateral attack by federal...
United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1)

United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1)

Date: May 28, 2025
United States v. Adams: Reaffirming the Beyond‐Reasonable‐Doubt Standard and the Constitutionality of 18 U.S.C. § 922(g)(1) Introduction United States v. Adams is a 2025 decision by the Tenth Circuit...
Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding

Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding

Date: May 28, 2025
Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding Introduction The Tenth Circuit’s order in Harjo v. Harding (No. 25-5023, May 27,...
Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions

Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions

Date: May 28, 2025
Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions Introduction Brandt v. Cimarron Correctional Facility and Staff (10th Cir. May 27, 2025) arises from a pro se...
Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich

Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich

Date: May 24, 2025
Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich Introduction Gottorff v. Michelich, decided May 23, 2025 by the Tenth...
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