10th Circuit Case Commentaries

United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

Date: Aug 5, 2025

United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions Introduction The Tenth Circuit’s decision in United States v. Clark,...

United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

Date: Aug 5, 2025

United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes Introduction In United States v. Peshlakai, the Tenth Circuit...

The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

Date: Aug 5, 2025

The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances Introduction United States v. Shelton, No. 24-6100 (10th Cir. 2025), addresses whether a sentencing court must...

United States v. Summers: Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

Date: Aug 5, 2025

United States v. Summers: The Tenth Circuit’s Refined Standard for Admitting Prior Child-Sex Evidence as “Signature Modus Operandi” Under Rule 404(b) Introduction United States v. Summers,...

Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services

Date: Aug 5, 2025

Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services 1. Introduction Court – Date: United States Court of...

“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

Date: Aug 5, 2025

“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza” 1. Introduction On 31 July 2025, the United States Court of Appeals for the Tenth Circuit...

United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

Date: Aug 2, 2025

United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions Introduction United States v. Hopson, No. 23-5056 (10th Cir. 2025) marks...

Allison v. Boulder County: Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage

Date: Aug 1, 2025

Allison v. Boulder County (BCSO): Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage Introduction In Allison v. Boulder...

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Date: Jul 31, 2025

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping...

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

Date: Jul 31, 2025

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act Introduction United States v. Cervantes, No. 24-1325 (10th...

Christians in the Workplace Networking Group v. Sandia: Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Date: Jul 31, 2025

Christians in the Workplace Networking Group v. National Technology and Engineering Solutions of Sandia, LLC (10th Cir. 2025) Introduction In Christians in the Workplace Networking Group v. Sandia...

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

Date: Jul 31, 2025

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations 1. Introduction In Jones v. Fairbairn, the United States Court of Appeals for the Tenth Circuit...

Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Date: Jul 31, 2025

Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha Introduction On 29 July 2025 the Tenth Circuit published its...

“The Low-Threshold Rule for Entrapment Instructions” — Commentary on United States v. Spradley (10th Cir. 2025)

Date: Jul 31, 2025

“The Low-Threshold Rule for Entrapment Instructions” — A Comprehensive Commentary on United States v. Spradley, 93 F.4th ___ (10th Cir. 2025) I. Introduction United States v. Spradley addresses a...

Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025)

Date: Jul 30, 2025

Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025) 1. Introduction In CO2 Committee, Inc. v. Montezuma County, the United States Court of...

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories

Date: Jul 30, 2025

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories 1. Introduction Shyers v. Metropolitan Property & Casualty Insurance Co.,...

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders

Date: Jul 30, 2025

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders 1. Introduction Case: Viegas v. Kane, United States Court of Appeals for the Tenth Circuit,...

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court

Date: Jul 30, 2025

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court 1. Introduction In Viegas v. Owens, the United States Court...

Removal Alone Does Not Waive the Right to Arbitrate – A Detailed Commentary on DeLaCruz-Bancroft v. Field Nation, LLC

Date: Jul 25, 2025

Removal Alone Does Not Waive the Right to Arbitrate: Tenth Circuit Consolidates the Firm Waiver Rule and Morgan v. Sundance in DeLaCruz-Bancroft v. Field Nation 1. Introduction The Tenth Circuit’s...

Ogden v. Attorney General (10th Cir. 2025): Re-affirming the Non-Applicability of Good-Time Credits to Life Sentences and Clarifying COA Standards

Date: Jul 25, 2025

Ogden v. Attorney General for the State of New Mexico (10th Cir. 2025): Re-affirming the Non-Applicability of Good-Time Credits to Life Sentences and Clarifying the Certificate-of-Appealability...