10th Circuit Case Commentaries

SAFETEA’s Oklahoma Rider Remains Effective: Mandatory EPA Approval Without Additional Conditions

Date: Oct 17, 2026

SAFETEA’s Oklahoma Rider Remains Effective: Mandatory EPA Approval Without Additional Conditions Case: Pawnee Nation of Oklahoma v. Zeldin, No. 25-9548 Court: United States Court of Appeals for the...

Charge-Specific Malicious Prosecution and the Limits of Prosecutorial Immunity

Date: Oct 17, 2026

Charge-Specific Malicious Prosecution and the Limits of Prosecutorial Immunity Case: Smith v. Johnson County, Kansas, Board of Commissioners Court: United States Court of Appeals for the Tenth...

Inadequate Briefing and Unpreserved Arguments Bar Appellate Review, Even for Pro Se Litigants

Date: Oct 17, 2026

Inadequate Briefing and Unpreserved Arguments Bar Appellate Review, Even for Pro Se Litigants Case: Wakat v. City of Tulsa, No. 25-5114 Court: United States Court of Appeals for the Tenth Circuit...

Unbriefed Dismissal Grounds Waive Review; Separately Entered Filing Restrictions Require a Timely Appeal

Date: Oct 17, 2026

Unbriefed Dismissal Grounds Waive Review; Separately Entered Filing Restrictions Require a Timely Appeal Case: Wakat v. Lamar Advertising Co. and related appeals, Nos. 25-5127, 25-5134, 25-5135, and...

Appellate Briefing Waiver and Separate Review of Later Filing Restrictions

Date: Oct 17, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later Filing Restrictions Case: Wakat v. Okie Smoke.com Dispensary, decided together with three related appeals Court: United States Court...

Appellate Briefing Waiver and Separate Appeals of Later Filing Restrictions

Date: Oct 17, 2026

Appellate Briefing Waiver and the Need to Separately Appeal Later-Imposed Filing Restrictions Case: Wakat v. Plainview Salvage, decided together with three related appeals Court: United States Court...

Appeals Must Challenge the Dismissal Grounds and Properly Seek Review of Separate Filing Restrictions

Date: Oct 17, 2026

Appeals Must Challenge the Dismissal Grounds and Properly Seek Review of Separate Filing Restrictions Case: Wakat v. Robson and related appeals, Nos. 25-5127, 25-5134, 25-5135, and 25-5137 Court:...

SEC Preliminary Injunctions After Starbucks: Winter’s Four Factors and Tailored Asset Freezes

Date: Oct 16, 2026

SEC Preliminary Injunctions After Starbucks: Winter’s Four Factors and Tailored Asset Freezes Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit Date: October...

SEC Preliminary Injunctions Require the Four Winter Factors, with Heightened Proof for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Four Winter Factors, with Heightened Proof for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth...

Indian Status Is a Defendant-Proved Affirmative Defense Under § 1152 When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Is a Defendant-Proved Affirmative Defense Under § 1152 When the Victim Is Indian Case: United States v. Hebert, consolidated with United States v. Ruiz, Nos. 24-7030 and 24-2128 Court:...

Bankruptcy Discharge Does Not Eliminate Foreclosure Rights: Limits on Good-Faith and Consumer-Protection Claims

Date: Oct 16, 2026

Bankruptcy Discharge Does Not Eliminate Foreclosure Rights: Limits on Good-Faith and Consumer-Protection Claims Case: Wigfall-Campbell v. Community Loan Servicing Court: United States Court of...

Untimely Habeas Petitions: Missing-Evidence Allegations Do Not Substitute for New Reliable Evidence of Innocence

Date: Oct 16, 2026

Untimely Habeas Petitions: Missing-Evidence Allegations Do Not Substitute for New Reliable Evidence of Innocence Case: Williams v. Tinsley, No. 25-6175 Court: United States Court of Appeals for the...

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability

Date: Oct 16, 2026

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability Case: Gonzales v. United States, No. 26-2078 Court: United States Court of...

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial

Date: Oct 16, 2026

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial Case: Johnson v. Tramm, No. 25-8028 Court: United States Court of Appeals for the Tenth Circuit...

Lewis v. United States: Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years

Date: Oct 16, 2026

Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years Case: Lewis v. United States, No. 25-1036 Court: United States Court of Appeals for the Tenth Circuit Decision...

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit...

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction

Date: Oct 16, 2026

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction Case: United States v. Griego, No. 25-2085 Court: United States Court of Appeals for the Tenth Circuit...

Indian Status as an Affirmative Defense: Defendants Bear Both Burdens Under the General Crimes Act

Date: Oct 16, 2026

Indian Status as an Affirmative Defense: Defendants Bear Production and Persuasion Burdens Under the General Crimes Act Case: United States v. Hebert, consolidated with United States v. Ruiz Court:...

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian Case: United States v. Ruiz, considered en banc with United States v. Hebert Court: United States...

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny

Date: Oct 16, 2026

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny Case: VoteAmerica v. Schwab, No. 25-3138 Court: United States Court of Appeals for...