Appellate Forfeiture in Public-Meeting Speech Cases: Failure to Preserve and Challenge Independent Grounds Requires Affirmance I. Introduction Case: Spiehs v. Larsen, No. 25-3061 (10th Cir. Sept. 1,...
Post-Hohn Rule: No Presumed Prejudice for Government Intrusions into Attorney–Client Communications in § 2255 1. Introduction In United States v. Gaines (10th Cir. Sept. 1, 2026), Desmond S. Gaines...
Probable Cause to Arrest for Failure to Present Proof of Insurance When Facts Indicate No Proof Exists (Colo. Rev. Stat. § 42-4-1409(3)(a)) Nonprecedential posture: The Tenth Circuit issued this...
Keller Germaneness Controls Integrated Bars; Janus Does Not Impose Opt-In or “Exacting Germaneness,” and After-the-Fact Refunds Can Suffice 1. Introduction Pomeroy v. Utah State Bar (10th Cir. Aug....
Widespread Publicity as Constructive Discovery: Utah Fraud Claims May Be Time-Barred on a Rule 12(b)(6) Motion 1. Introduction In In re: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TITHING...
Firearms Are Possessed “In Connection With” Another Felony When They Are Part of a Plan-to-Harm Scheme and Embolden Its Execution Introduction United States v. Dutton (10th Cir. Aug. 31, 2026) is a...
Interlocutory Appeals Require Explicit Designation of Each Appealable Order Under FRAP 3(c)(1)(B); “Merger” Does Not Save an Omitted Preliminary-Injunction Order Case: Utah Vapor Business Association...
Cronick v. City of Colorado Springs: Rule 403 Bars “Copwatch” Character Proof and Rule 37 “Established Facts” Cannot Invite Propensity Reasoning 1) Introduction In Cronick v. City of Colorado Springs...
Tenth Circuit Finality Rule: No Appellate Jurisdiction Over Post-Judgment Show-Cause Enforcement Orders Absent a Contempt Finding and Specific, Unavoidable Sanction 1. Introduction Fischer v. XTO...
Tenth Circuit: Factual Disputes Over Mendez Rojas Class Membership Are Unreviewable Under the Asylum One-Year Bar 1. Introduction In Lazo-Villalta v. Blanche (10th Cir. Aug. 28, 2026)...
Nonfinal Sanctions Orders Are Not Appealable Until Fee Awards Are Reduced to a Sum Certain Introduction Case: Underwood v. Bank of America Corporation (10th Cir. Aug. 28, 2026). Parties: Erik M....
Probation-Revocation Resentencing Must Begin with Chapter 7: United States v. Moon Seals Abrogates Moore I 1. Introduction In No. 24-1028, the United States Court of Appeals for the Tenth Circuit (en...
United States v. Irving: Minimal “AO 247” Reasoning Can Suffice to Deny an Amendment 821 § 3582(c)(2) Reduction When § 3553(a) Severity Concerns Predominate 1. Introduction In United States v. Irving...
United States v. Valdez: Pretrial Reconsideration of Suppression Orders and Inevitable Discovery Through Booking Inventories 1. Introduction In United States v. Valdez (10th Cir. Aug. 27, 2026), the...
Redistribution of Duties Among Remaining Employees Does Not Show Pretext When a Distinct Position Is Eliminated in a RIF 1. Introduction In Zou v. Linde Engineering North America (10th Cir. Aug. 27,...
Appellate Waiver, Record-Citation Defaults, and Harmless-Error Affirmance in FCA/FATA Scienter Litigation Case: La Frontera Center v. United Behavioral Health (No. 25-2099) Court: United States Court...
Tenth Circuit: When Qualified Immunity Defeats a Pro Se § 1983 Complaint at the Pleading Stage, Dismissal Should Ordinarily Be Without Prejudice and With Leave to Amend Introduction In Hulett v....
Non‑Prosecution Promises Do Not Bar Sentencing Advocacy on Covered Conduct When the Plea Reserves Broad Sentencing Disclosure Rights 1. Introduction In United States v. Noles (10th Cir. Aug. 26,...
Changed-Country-Conditions Reopening Requires Post–First-Motion Material Change and CAT Requires Particularized, Aggregated Risk Evidence 1. Introduction Case: Harmez v. Blanche (10th Cir. Aug. 26,...
Consent-to-Search Traffic Stops: Removing and Frisking a Passenger Based on Totality-of-Circumstances Safety Concerns I. Introduction In United States v. Marshall (10th Cir. Aug. 26, 2026)...