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  • Commentaries
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10th Circuit Case Commentaries

Reversing Convictions Due to Insufficient Evidence of Non-Indian Status: A Comprehensive Analysis of United States v. Simpkins

Reversing Convictions Due to Insufficient Evidence of Non-Indian Status: A Comprehensive Analysis of United States v. Simpkins

Date: Jan 25, 2024
Reversing Convictions Due to Insufficient Evidence of Non-Indian Status: A Comprehensive Analysis of United States v. Simpkins Introduction United States v. Montelito Sanchez Simpkins, 90 F.4th 1312...
Affirmation of Sovereign Immunity in FTCA Claims: Askew v. United States

Affirmation of Sovereign Immunity in FTCA Claims: Askew v. United States

Date: Jan 24, 2024
Affirmation of Sovereign Immunity in FTCA Claims: Askew v. United States Introduction Askew v. United States is a significant case adjudicated by the United States Court of Appeals for the Tenth...
Kearn v. United States: Reinforcing the Standards for Effective Counsel in Plea Bargaining

Kearn v. United States: Reinforcing the Standards for Effective Counsel in Plea Bargaining

Date: Jan 24, 2024
Kearn v. United States: Reinforcing the Standards for Effective Counsel in Plea Bargaining Introduction In the landmark case United States of America v. Jonathan Kearn, the United States Court of...
Tenth Circuit Establishes Legality of Extending Traffic Stops to Verify Rental Agreements Under Fourth Amendment

Tenth Circuit Establishes Legality of Extending Traffic Stops to Verify Rental Agreements Under Fourth Amendment

Date: Jan 23, 2024
Tenth Circuit Establishes Legality of Extending Traffic Stops to Verify Rental Agreements Under Fourth Amendment Introduction In the landmark case United States of America v. Jerry Darnell Dawson,...
Defining 'Incentives/Benefits' in Economic Development Agreements: Insights from Harvest Group v. Love's Travel Stops

Defining 'Incentives/Benefits' in Economic Development Agreements: Insights from Harvest Group v. Love's Travel Stops

Date: Jan 18, 2024
Defining 'Incentives/Benefits' in Economic Development Agreements: Insights from Harvest Group v. Love's Travel Stops Introduction In the landmark case of Harvest Group, LLC v. Love's Travel Stops &...
Admissibility of Prior Consistent Statements in Military Courts Confirmed: 10th Circuit Upholds Convictions in Drinkert v. Payne

Admissibility of Prior Consistent Statements in Military Courts Confirmed: 10th Circuit Upholds Convictions in Drinkert v. Payne

Date: Jan 17, 2024
Admissibility of Prior Consistent Statements in Military Courts Confirmed: 10th Circuit Upholds Convictions in Drinkert v. Payne Introduction The case of Samuel D. Drinkert v. Colonel Kevin Payne (90...
AEDPA's One-Year Statute of Limitations Affirmed in Davis v. Bridges

AEDPA's One-Year Statute of Limitations Affirmed in Davis v. Bridges

Date: Jan 13, 2024
AEDPA's One-Year Statute of Limitations Affirmed in Davis v. Bridges Introduction The case of Brad Lee Davis v. Carrie Bridges addresses critical issues surrounding the timing and procedural...
Affirmation of Qualified and Sovereign Immunity in Civil Rights Litigation by Inmates: Harrell v. Ross

Affirmation of Qualified and Sovereign Immunity in Civil Rights Litigation by Inmates: Harrell v. Ross

Date: Jan 12, 2024
Affirmation of Qualified and Sovereign Immunity in Civil Rights Litigation by Inmates: Harrell v. Ross Introduction In the landmark case of Christopher D. Harrell v. George Daniel Ross, Jr.,...
Affirmation of Dismissal in Rhodes v. Wyoming Department of Corrections: A New Precedent on Retaliation Claims in Prison Settings

Affirmation of Dismissal in Rhodes v. Wyoming Department of Corrections: A New Precedent on Retaliation Claims in Prison Settings

Date: Jan 9, 2024
Affirmation of Dismissal in Rhodes v. Wyoming Department of Corrections: A New Precedent on Retaliation Claims in Prison Settings Introduction In the landmark case of Rhodes v. Wyoming Department of...
Enforceability of Post-Conviction Rights Waivers in Plea Agreements: Insights from United States v. Offineer

Enforceability of Post-Conviction Rights Waivers in Plea Agreements: Insights from United States v. Offineer

Date: Jan 6, 2024
Enforceability of Post-Conviction Rights Waivers in Plea Agreements: Insights from United States v. Offineer Introduction In the case of United States of America v. Ryan Edward Offineer, the United...
Tenth Circuit Refines Functional Equivalent Standard for Clean Water Act in Groundwater Seepage Cases

Tenth Circuit Refines Functional Equivalent Standard for Clean Water Act in Groundwater Seepage Cases

Date: Jan 4, 2024
Tenth Circuit Refines Functional Equivalent Standard for Clean Water Act in Groundwater Seepage Cases Introduction In the case of Pamela Stone et al. v. High Mountain Mining Company, LLC, the United...
Defining Curtilage in Urban Contexts: United States v. Vasquez

Defining Curtilage in Urban Contexts: United States v. Vasquez

Date: Jan 4, 2024
Defining Curtilage in Urban Contexts: United States v. Vasquez Introduction In the case of United States of America v. Orlando Vasquez, decided by the United States Court of Appeals for the Tenth...
Limits of Bivens Claims When Alternative Remedies are Available: Noe v. U.S. Government

Limits of Bivens Claims When Alternative Remedies are Available: Noe v. U.S. Government

Date: Dec 23, 2023
Limits of Bivens Claims When Alternative Remedies are Available: Noe v. U.S. Government Introduction In the case of Peter George Noe v. United States Government et al., the United States Court of...
The Admissibility of Law Enforcement Expert Testimony on Religious Practices in Drug Trafficking Cases: Insights from United States v. Martinez, Jr.

The Admissibility of Law Enforcement Expert Testimony on Religious Practices in Drug Trafficking Cases: Insights from United States v. Martinez, Jr.

Date: Dec 21, 2023
The Admissibility of Law Enforcement Expert Testimony on Religious Practices in Drug Trafficking Cases: Insights from United States v. Martinez, Jr. Introduction United States v. Domingo Martinez,...
Upholding Judicial Integrity: Tenth Circuit Affirms Sanctions and Attorney Fees in Fraudulent Litigation Case

Upholding Judicial Integrity: Tenth Circuit Affirms Sanctions and Attorney Fees in Fraudulent Litigation Case

Date: Nov 16, 2023
Upholding Judicial Integrity: Tenth Circuit Affirms Sanctions and Attorney Fees in Fraudulent Litigation Case Introduction The case of Sean Stetson, Plaintiff - Appellant, v. Keith Edmonds; Cargill...
Reversing Summary Judgment in Title IX Abuse Claim: Forth v. Laramie County School District No. 1

Reversing Summary Judgment in Title IX Abuse Claim: Forth v. Laramie County School District No. 1

Date: Nov 8, 2023
Reversing Summary Judgment in Title IX Abuse Claim: Forth v. Laramie County School District No. 1 Introduction In the landmark case of Gracie Ann Forth v. Laramie County School District No. 1,...
Tenth Circuit Upholds Contamination Exclusion for COVID-19-Related Losses in All-Risk and Business-Interruption Insurance Policies

Tenth Circuit Upholds Contamination Exclusion for COVID-19-Related Losses in All-Risk and Business-Interruption Insurance Policies

Date: Nov 1, 2023
Tenth Circuit Upholds Contamination Exclusion for COVID-19-Related Losses in All-Risk and Business-Interruption Insurance Policies Introduction The case of Monarch Casino & Resort, Inc. v. Affiliated...
Defining "Medical Opinion" in SSA Disability Claims: Insights from Staheli v. Commissioner

Defining "Medical Opinion" in SSA Disability Claims: Insights from Staheli v. Commissioner

Date: Oct 13, 2023
Defining "Medical Opinion" in SSA Disability Claims: Insights from Staheli v. Commissioner Introduction In the landmark case of Melonie Staheli v. Commissioner, SSA, the United States Court of...
Denial of Certificate of Appealability in Headley v. United States Establishes Strict Adherence to Rule 60(b) Timeframes

Denial of Certificate of Appealability in Headley v. United States Establishes Strict Adherence to Rule 60(b) Timeframes

Date: Sep 27, 2023
Denial of Certificate of Appealability in Headley v. United States Establishes Strict Adherence to Rule 60(b) Timeframes Introduction In the case of United States of America v. Gerald Paul Headley,...
Tenth Circuit Upholds Federal Felon Firearm Ban Post-Bruen: Adherence to McCane Affirmed

Tenth Circuit Upholds Federal Felon Firearm Ban Post-Bruen: Adherence to McCane Affirmed

Date: Sep 16, 2023
Tenth Circuit Upholds Federal Felon Firearm Ban Post-Bruen: Adherence to McCane Affirmed Introduction In the case of Melynda Vincent v. Merrick B. Garland, decided on September 15, 2023, the United...
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