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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Upholds Bureau of Prisons’ Risk Classification System: Implications for Prisoner Credit Utilization

Tenth Circuit Upholds Bureau of Prisons’ Risk Classification System: Implications for Prisoner Credit Utilization

Date: Mar 7, 2024
Tenth Circuit Upholds Bureau of Prisons’ Risk Classification System: Implications for Prisoner Credit Utilization Introduction In the case of Anthony Martin Green v. D. Hudson, Warden, the United...
Prudential Mootness in Inmate Facility Transfers: Bacote v. Federal Bureau of Prisons

Prudential Mootness in Inmate Facility Transfers: Bacote v. Federal Bureau of Prisons

Date: Mar 6, 2024
Prudential Mootness in Inmate Facility Transfers: Bacote v. Federal Bureau of Prisons Introduction The case of Michael Bacote, Jr. v. Federal Bureau of Prisons addresses critical issues surrounding...
Reaffirming Appellate Procedural Standards: The Role of Invited Error and Plain Error in Upholding Fraud Convictions – United States v. McBride

Reaffirming Appellate Procedural Standards: The Role of Invited Error and Plain Error in Upholding Fraud Convictions – United States v. McBride

Date: Mar 6, 2024
Reaffirming Appellate Procedural Standards: The Role of Invited Error and Plain Error in Upholding Fraud Convictions – United States v. McBride Introduction In United States of America v. Whitney...
Tenth Circuit Clarifies Asylum Claims: Immutable Social Groups and Claim-Processing Rules in "Miguel-Pena v. Garland"

Tenth Circuit Clarifies Asylum Claims: Immutable Social Groups and Claim-Processing Rules in "Miguel-Pena v. Garland"

Date: Mar 5, 2024
Tenth Circuit Clarifies Asylum Claims: Immutable Social Groups and Claim-Processing Rules in "Miguel-Pena v. Garland" Introduction The case of Wendy Carolina Miguel-Pena; BNRM v. Merrick B. Garland...
Establishing SUWA’s Right to Intervene in R.S. 2477 Quiet Title Actions: Kane County v. United States

Establishing SUWA’s Right to Intervene in R.S. 2477 Quiet Title Actions: Kane County v. United States

Date: Mar 5, 2024
Establishing SUWA’s Right to Intervene in R.S. 2477 Quiet Title Actions: Kane County v. United States Introduction The recent appellate decision in Kane County, Utah v. United States of America marks...
Good-Faith Exception and Jurisdictional Challenges Post-McGirt: Analysis of Pemberton v. Oklahoma

Good-Faith Exception and Jurisdictional Challenges Post-McGirt: Analysis of Pemberton v. Oklahoma

Date: Mar 5, 2024
Good-Faith Exception and Jurisdictional Challenges Post-McGirt: Analysis of Pemberton v. Oklahoma Introduction The landmark decision in McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), redefined the...
Affirmation of Judicial Discretion: Upholding Maximum Sentencing in Light of Extensive Criminal History – Hurst v. US

Affirmation of Judicial Discretion: Upholding Maximum Sentencing in Light of Extensive Criminal History – Hurst v. US

Date: Mar 2, 2024
Affirmation of Judicial Discretion: Upholding Maximum Sentencing in Light of Extensive Criminal History – Hurst v. US Introduction United States of America v. Garrett Joseph Hurst, 94 F.4th 993...
Clarifying Judicial Recusal for Volunteering Appellate Judges in District Courts: Saavedra v. USA

Clarifying Judicial Recusal for Volunteering Appellate Judges in District Courts: Saavedra v. USA

Date: Mar 1, 2024
Clarifying Judicial Recusal for Volunteering Appellate Judges in District Courts: Saavedra v. USA Introduction In the case of United States of America v. Fermin Saavedra, the United States Court of...
Affirmation of Substantive Reasonableness in Sentencing: United States v. Ware

Affirmation of Substantive Reasonableness in Sentencing: United States v. Ware

Date: Feb 29, 2024
Affirmation of Substantive Reasonableness in Sentencing: United States v. Ware Introduction In United States v. Ware, 93 F.4th 1175 (10th Cir. 2024), the United States Court of Appeals for the Tenth...
Kincaid v. Unified School District No. 500: Affirmation of Summary Judgment on Retaliation Claims under Title IX and Title VII

Kincaid v. Unified School District No. 500: Affirmation of Summary Judgment on Retaliation Claims under Title IX and Title VII

Date: Feb 24, 2024
Kincaid v. Unified School District No. 500: Affirmation of Summary Judgment on Retaliation Claims under Title IX and Title VII Introduction In the case of Cassandra Kincaid v. Unified School District...
Strict Compliance with Procedural Requirements for Certificate of Appealability in Federal Habeas Petitions: Insights from Love v. Schnurr

Strict Compliance with Procedural Requirements for Certificate of Appealability in Federal Habeas Petitions: Insights from Love v. Schnurr

Date: Feb 24, 2024
Strict Compliance with Procedural Requirements for Certificate of Appealability in Federal Habeas Petitions: Insights from Love v. Schnurr Introduction Levi Love, a state inmate incarcerated at...
Judicial Immunity and Procedural Compliance in Warner v. Lund et al.: Tenth Circuit Analysis

Judicial Immunity and Procedural Compliance in Warner v. Lund et al.: Tenth Circuit Analysis

Date: Feb 22, 2024
Judicial Immunity and Procedural Compliance in Warner v. Lund et al.: Tenth Circuit Analysis Introduction The case of David Warner v. Katie G. Lund; Lisa Abeyta; Andre Billingsley; New Mexico State...
Application of the Inevitable Discovery Exception in United States v. Tolbert

Application of the Inevitable Discovery Exception in United States v. Tolbert

Date: Feb 21, 2024
Application of the Inevitable Discovery Exception in United States v. Tolbert Introduction In the landmark case of United States of America v. Donald Alvin Tolbert, 92 F.4th 1265 (10th Cir. 2024),...
Tenth Circuit Affirms Qualified Immunity in Traffic Stop Case Involving Obstructed Out-of-State License Plates and Narcotics Dog Indication

Tenth Circuit Affirms Qualified Immunity in Traffic Stop Case Involving Obstructed Out-of-State License Plates and Narcotics Dog Indication

Date: Feb 21, 2024
Tenth Circuit Affirms Qualified Immunity in Traffic Stop Case Involving Obstructed Out-of-State License Plates and Narcotics Dog Indication Introduction In the case of Joseph M. Hoskins v. Jared...
Non-Stacking Uninsured Motorist Coverage Affirmed: Sharp & Thurston v. State Farm

Non-Stacking Uninsured Motorist Coverage Affirmed: Sharp & Thurston v. State Farm

Date: Feb 17, 2024
Non-Stacking Uninsured Motorist Coverage Affirmed: Sharp & Thurston v. State Farm Introduction In the case of Shannon Sharp and Eric M. Thurston v. State Farm Mutual Automobile Insurance Company, the...
Martinez v. United States: Clarifying Speedy Trial Act Compliance and Evidentiary Balance in RICO Cases

Martinez v. United States: Clarifying Speedy Trial Act Compliance and Evidentiary Balance in RICO Cases

Date: Feb 17, 2024
Martinez v. United States: Clarifying Speedy Trial Act Compliance and Evidentiary Balance in RICO Cases Introduction In Martinez v. United States, the United States Court of Appeals for the Tenth...
Eleventh Amendment Shields State Officials from ADEA Damage Claims in Allen v. Knowlton & Krahe

Eleventh Amendment Shields State Officials from ADEA Damage Claims in Allen v. Knowlton & Krahe

Date: Feb 15, 2024
Eleventh Amendment Shields State Officials from ADEA Damage Claims in Allen v. Knowlton & Krahe Introduction The case of Mike Allen v. Kraig Knowlton; Angie Krahe addresses significant issues...
Establishing Probable Cause in Felon Firearm Possession Cases: A Comprehensive Analysis of United States v. Reza

Establishing Probable Cause in Felon Firearm Possession Cases: A Comprehensive Analysis of United States v. Reza

Date: Feb 14, 2024
Establishing Probable Cause in Felon Firearm Possession Cases: A Comprehensive Analysis of United States v. Reza Introduction In the case of United States of America v. Eddie Joe Reza, adjudicated by...
Affirmation of Dismissal for Lack of Subject-Matter Jurisdiction in §1983 Allegations Absent Sufficient Pleading

Affirmation of Dismissal for Lack of Subject-Matter Jurisdiction in §1983 Allegations Absent Sufficient Pleading

Date: Feb 14, 2024
Affirmation of Dismissal for Lack of Subject-Matter Jurisdiction in §1983 Allegations Absent Sufficient Pleading Analyzing the Tenth Circuit's Decision in David William Dacres Shaver v. Whittier...
Establishing Liability for Pipeline-Induced Environmental Nuisance: Tenth Circuit Reverses Summary Judgment in Lazy S Ranch v. Valero

Establishing Liability for Pipeline-Induced Environmental Nuisance: Tenth Circuit Reverses Summary Judgment in Lazy S Ranch v. Valero

Date: Feb 14, 2024
Establishing Liability for Pipeline-Induced Environmental Nuisance: Tenth Circuit Reverses Summary Judgment in Lazy S Ranch v. Valero Introduction In the case of Lazy S Ranch Properties, LLC v....
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