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  • Commentaries
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10th Circuit Case Commentaries

Requiring Proper Batson Analysis in Federal Habeas Corpus: Johnson v. Martin

Requiring Proper Batson Analysis in Federal Habeas Corpus: Johnson v. Martin

Date: Jul 3, 2021
Requiring Proper Batson Analysis in Federal Habeas Corpus: Johnson v. Martin Introduction In the case of Alonzo Cortez Johnson v. Jimmy Martin, decided on July 2, 2021, by the United States Court of...
Accountability of Prosecutors in Fabrication of Evidence: Insights from Truman v. Orem City

Accountability of Prosecutors in Fabrication of Evidence: Insights from Truman v. Orem City

Date: Jun 26, 2021
Accountability of Prosecutors in Fabrication of Evidence: Insights from Truman v. Orem City Introduction The case of Conrad Truman v. Orem City addresses critical issues surrounding the fabrication...
Applying McDonnell Douglas Framework in Title IX Claims of Anti-Male Bias: Commentary on Doe v. University of Denver

Applying McDonnell Douglas Framework in Title IX Claims of Anti-Male Bias: Commentary on Doe v. University of Denver

Date: Jun 16, 2021
Applying McDonnell Douglas Framework in Title IX Claims of Anti-Male Bias: Commentary on Doe v. University of Denver Introduction The case of John Doe, Plaintiff - Appellant v. University of Denver...
Retroactive Application of SORA and the Necessity of Actual Innocence in Habeas Corpus Petitions: Childers v. Crow

Retroactive Application of SORA and the Necessity of Actual Innocence in Habeas Corpus Petitions: Childers v. Crow

Date: Jun 15, 2021
Retroactive Application of SORA and the Necessity of Actual Innocence in Habeas Corpus Petitions: Childers v. Crow Introduction In the landmark case of John William Childers v. Scott Crow, decided by...
Tenth Circuit Upholds FTCA Exceptions in Dog Head Fire Negligence Case

Tenth Circuit Upholds FTCA Exceptions in Dog Head Fire Negligence Case

Date: Jun 4, 2021
Tenth Circuit Upholds FTCA Exceptions in Dog Head Fire Negligence Case Introduction In the summer of 2016, the Dog Head Fire ravaged Isleta Pueblo and surrounding United States Forest Service land in...
U.S. v. Suggs: Tenth Circuit Enforces Strict Particularity in Search Warrants and Reaffirms Severability Limits

U.S. v. Suggs: Tenth Circuit Enforces Strict Particularity in Search Warrants and Reaffirms Severability Limits

Date: Jun 3, 2021
U.S. v. Suggs: Tenth Circuit Enforces Strict Particularity in Search Warrants and Reaffirms Severability Limits Introduction In the landmark case United States of America v. Perry Wayne Suggs, Jr.,...
Withdrawal of Guilty Plea and Effective Assistance of Counsel in the Context of Legislative Changes

Withdrawal of Guilty Plea and Effective Assistance of Counsel in the Context of Legislative Changes

Date: Jun 3, 2021
Withdrawal of Guilty Plea and Effective Assistance of Counsel in the Context of Legislative Changes Introduction In the case of United States of America v. Christopher Dominguez (998 F.3d 1094,...
Reaffirming the SSA's Five-Step Evaluation Process in Disability Claims: Fannin v. Commissioner

Reaffirming the SSA's Five-Step Evaluation Process in Disability Claims: Fannin v. Commissioner

Date: May 25, 2021
Reaffirming the SSA's Five-Step Evaluation Process in Disability Claims: Fannin v. Commissioner Introduction In the case of James Floyd Fannin, Jr. v. Commissioner, SSA, the United States Court of...
Tenth Circuit Sets Standard for Qualified Immunity in Excessive Force Cases: Huff v. Reeves

Tenth Circuit Sets Standard for Qualified Immunity in Excessive Force Cases: Huff v. Reeves

Date: May 11, 2021
Tenth Circuit Sets Standard for Qualified Immunity in Excessive Force Cases: Huff v. Reeves Introduction In the landmark case of Julie Huff v. Christopher Reeves, the United States Court of Appeals...
Heightened Scrutiny for Settlements with 'Kicker' and 'Clear-Sailing' Agreements in Class Actions

Heightened Scrutiny for Settlements with 'Kicker' and 'Clear-Sailing' Agreements in Class Actions

Date: May 8, 2021
Heightened Scrutiny for Settlements with 'Kicker' and 'Clear-Sailing' Agreements in Class Actions Introduction The case of In re: SAMSUNG TOP-LOAD WASHING MACHINE MARKETING, SALES PRACTICES AND...
United States v. Ebube Otuonye: Establishing Accountability in Controlled Substance Distribution

United States v. Ebube Otuonye: Establishing Accountability in Controlled Substance Distribution

Date: May 5, 2021
United States v. Ebube Otuonye: Establishing Accountability in Controlled Substance Distribution Introduction In the landmark case United States of America v. Ebube Otuonye, decided by the United...
United States v. Venezia: Redefining Community-Caretaking in Vehicle Impoundments

United States v. Venezia: Redefining Community-Caretaking in Vehicle Impoundments

Date: May 4, 2021
United States v. Venezia: Redefining Community-Caretaking in Vehicle Impoundments Introduction In United States v. Venezia, the United States Court of Appeals for the Tenth Circuit addressed...
Defining Conspiracy Scope with Named and Unnamed Co-Conspirators: Insights from United States v. Davis

Defining Conspiracy Scope with Named and Unnamed Co-Conspirators: Insights from United States v. Davis

Date: May 4, 2021
Defining Conspiracy Scope with Named and Unnamed Co-Conspirators: Insights from United States v. Davis Introduction In the landmark case United States of America v. Amy Lee Davis, adjudicated by the...
Establishing Protectable Interest in Service Marks: A Comprehensive Analysis of Underwood v. Bank of America

Establishing Protectable Interest in Service Marks: A Comprehensive Analysis of Underwood v. Bank of America

Date: May 1, 2021
Establishing Protectable Interest in Service Marks: A Comprehensive Analysis of Underwood v. Bank of America Introduction In the landmark case Erik M. Underwood v. Bank of America Corporation (996...
Affirmation of Good-Faith Exception in Fourth Amendment Warrant Issues: United States v. Cotto

Affirmation of Good-Faith Exception in Fourth Amendment Warrant Issues: United States v. Cotto

Date: Apr 28, 2021
Affirmation of Good-Faith Exception in Fourth Amendment Warrant Issues: United States v. Cotto Introduction In the case of United States of America v. Omil Cotto, 995 F.3d 786 (10th Cir. 2021), the...
Affirmation of Valid Consent and Midstream Miranda Application in *United States v. Guillen*

Affirmation of Valid Consent and Midstream Miranda Application in *United States v. Guillen*

Date: Apr 28, 2021
Affirmation of Valid Consent and Midstream Miranda Application in United States v. Guillen Introduction Case: UNITED STATES OF AMERICA v. ETHAN GUILLEN, 995 F.3d 1095 (10th Cir. 2021) Court: United...
Clarifying Mens Rea for False Firearm Statements: Insights from Kaspereit v. United States

Clarifying Mens Rea for False Firearm Statements: Insights from Kaspereit v. United States

Date: Apr 21, 2021
Clarifying Mens Rea for False Firearm Statements: Insights from Kaspereit v. United States Introduction Kaspereit v. United States, 994 F.3d 1202 (10th Cir. 2021), is a pivotal case that delves into...
Establishing Genuine Dispute in Race Discrimination Claims Under the McDonnell Douglas Framework

Establishing Genuine Dispute in Race Discrimination Claims Under the McDonnell Douglas Framework

Date: Apr 21, 2021
Establishing Genuine Dispute in Race Discrimination Claims Under the McDonnell Douglas Framework Introduction The case of Dr. Erfan Ibrahim v. Alliance for Sustainable Energy, LLC (994 F.3d 1193)...
Application of AEDPA’s Statute of Limitations and Equitable Tolling in Denial of Certificate of Appealability: An Analysis of Donald v. Pruitt

Application of AEDPA’s Statute of Limitations and Equitable Tolling in Denial of Certificate of Appealability: An Analysis of Donald v. Pruitt

Date: Apr 20, 2021
Application of AEDPA’s Statute of Limitations and Equitable Tolling in Denial of Certificate of Appealability: An Analysis of Donald v. Pruitt Introduction The case of Laron Antonio Donald v. Sean...
Goldgroup Resources v. DynaResource: Establishing the Boundaries of Arbitration Waiver under U.S. and International Law

Goldgroup Resources v. DynaResource: Establishing the Boundaries of Arbitration Waiver under U.S. and International Law

Date: Apr 17, 2021
Goldgroup Resources v. DynaResource: Establishing the Boundaries of Arbitration Waiver under U.S. and International Law Introduction The case of Goldgroup Resources, Inc. v. DynaResource de Mexico,...
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