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  • Commentaries
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10th Circuit Case Commentaries

United States v. McCoy: The Tenth Circuit Clarifies “Incapacitation” and Cumulative-Circumstance Analysis under 18 U.S.C. § 3582(c)(1)(A)

United States v. McCoy: The Tenth Circuit Clarifies “Incapacitation” and Cumulative-Circumstance Analysis under 18 U.S.C. § 3582(c)(1)(A)

Date: Aug 18, 2025
United States v. McCoy: The Tenth Circuit Clarifies “Incapacitation” and Cumulative-Circumstance Analysis under 18 U.S.C. § 3582(c)(1)(A) Introduction United States v. McCoy, No. 25-6039 (10th Cir....
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi

Date: Aug 15, 2025
United States v. Martinez: The Tenth Circuit’s Firm Line on Suppression-Motion Waiver and the Ongoing Constitutionality of 18 U.S.C. § 922(g)(1) After Rahimi Introduction United States v. Martinez,...
“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: 
          A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Date: Aug 14, 2025
“Per-Defendant” Fee-Shifting and Revived Rule 12(b) Defences after Amendment: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025) 1. Introduction In West-Helmle v....
Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office

Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office

Date: Aug 14, 2025
Per-Defendant Fee-Shifting After Rule 12(b) Dismissals: Implications of West-Helmle v. Denver District Attorney’s Office Introduction In West-Helmle v. Denver District Attorney’s Office, Nos. 24-1340...
“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions: A Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025)

“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions: A Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025)

Date: Aug 14, 2025
“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions A Comprehensive Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025) 1. Introduction The United States...
Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings

Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings

Date: Aug 14, 2025
Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings 1. Introduction Sanchez-Mayorga v. Bondi, No. 24-9559 (10th Cir. Aug. 12,...
United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing

United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing

Date: Aug 14, 2025
United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing Introduction United States v. Hardy, No. 24-8006 (10th Cir. Aug. 12,...
“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025)

“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025)

Date: Aug 14, 2025
“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025) Court of Appeals for the Tenth Circuit | Filed 12 Aug 2025 | No. 24-2119 1....
United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice

United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice

Date: Aug 14, 2025
United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice Introduction On 12 August 2025, the United States Court of Appeals for the Tenth Circuit...
“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements

“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements

Date: Aug 14, 2025
“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements 1. Introduction United States v. Ramirez-Lopez, No....
Per-Defendant Fee-Shifting and Extended Judicial Immunity: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Per-Defendant Fee-Shifting and Extended Judicial Immunity: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Date: Aug 14, 2025
Per-Defendant Fee-Shifting and Extended Judicial Immunity: An In-Depth Commentary on West-Helmle v. Denver District Attorney’s Office, 91 F.4th ___ (10th Cir. 2025) 1. Introduction On 12 August 2025...
“Strict Enforcement of Appellate Diligence” – Commentary on Gilberti v. Buffet (10th Cir. 2025)

“Strict Enforcement of Appellate Diligence” – Commentary on Gilberti v. Buffet (10th Cir. 2025)

Date: Aug 13, 2025
“Strict Enforcement of Appellate Diligence” – A Commentary on Gilberti v. Buffet, 90 F.4th ___ (10th Cir. 2025) 1. Introduction In Gilberti v. Buffet, the United States Court of Appeals for the Tenth...
United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property

United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property

Date: Aug 13, 2025
United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property 1. Introduction In United States v. Guzman, No. 24-2122 (10th Cir. Aug. 8, 2025), the Tenth...
“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

Date: Aug 13, 2025
“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal 1. Introduction The Bankruptcy Appellate Panel (BAP) for the Tenth...
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Date: Aug 12, 2025
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments Introduction On 6 August 2025 the United States Court of...
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

Date: Aug 12, 2025
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures 1. Introduction Poe v. Drummond, decided by the United States Court...
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Date: Aug 6, 2025
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule” Introduction Amaro v. New Mexico Corrections Department is a...
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

Date: Aug 6, 2025
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Comprehensive Commentary on Chavez-Govea v. Bondi, 10th Cir. (2025) 1. Introduction Chavez-Govea v. Bondi is a precedential...
Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Date: Aug 6, 2025
Signature Optional for Proof-of-Service in EOIR Electronic Filings: A Detailed Commentary on Cortez v. Bondi, 67 F.4th ___ (10th Cir. 2025) 1. Introduction Background: Ana Sofia Cortez and her minor...
“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

Date: Aug 6, 2025
Ellis v. Salt Lake City Corporation: The Tenth Circuit’s New Limits on Collateral-Order Review and a Reminder of Individualised “Clearly Established” Duties I. Introduction Ellis v. Salt Lake City...
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