No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs Introduction In American Wild Horse...
No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs Introduction In Friends of Animals v. Raby, the U.S. Court of Appeals...
Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy Introduction In...
Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure Case: Tear...
No‑Trespass Directives Are Discrete Acts, Not Continuing Violations: Persuasive Tenth Circuit Guidance on Limitations, Preclusion, Qualified Immunity, and Heck in Grays v. Munn Court: United States...
Hahn Clarified: Tenth Circuit Treats Failure to Explain an Appeal Waiver as a Knowing-and-Voluntary Issue, Not a Miscarriage of Justice; General Rule 11 Colloquy Suffices and Custodial Challenge Is...
“Firm Waiver” and Anticipatory Procedural Bar Reinforced: Commentary on Burnett v. Harding, Tenth Circuit (2025) Introduction In Burnett v. Harding, the United States Court of Appeals for the Tenth...
Churchill v. Clark: Clarifying Pro-Se Limits—Waiver by Deficient Briefing and Rule 41(b) Dismissals Introduction Case: Churchill v. Clark, No. 24-7065, United States Court of Appeals for the Tenth...
Tenth Circuit Affirms Broad Sentencing-Court Discretion on Acceptance-of-Responsibility and Extreme-Conduct Departures – United States v. Born Introduction On 11 July 2025 the United States Court of...
Loginov v. Sheridan Memorial Hospital: Tenth Circuit Affirms Broad Wyoming COVID-19 Health-Care Immunity and Reinforces Strict Rule 56(d) Affidavit Requirement Introduction In Loginov v. Sheridan...
“From Speculation to Substantial Evidence” The Tenth Circuit’s Clarification of the Personalized-Risk Standard for CAT Protection in Moundih v. Bondi 1. Introduction Case Name: Fonka Arouna Moundih...
Absolute Prosecutorial Immunity Now Encompasses the Initiation of Civil Enforcement Actions: Rodgers v. Torrez, 82 F.4th ___ (10th Cir. 2025) 1. Introduction Rodgers v. Torrez presented the U.S....
United States v. Bayless: Delineating the Outer Limits of Confrontation-Clause Impeachment and Rule 412 Exceptions Introduction United States v. Bayless (10th Cir. July 10, 2025) addresses a...
“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof 1. Introduction United...
Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief Introduction This commentary dissects the Tenth Circuit’s July 2025 decision in United States v....
“From Investigation to Adjudication” – 10th Circuit Holds Temporary-Custody Hearings Are Judicial Proceedings Conferring Absolute Testimonial Immunity on Caseworkers Commentary on Berryman v. Niceta,...
Arguable Probable Cause Shields Officers from First-Amendment Retaliatory Arrest Liability Comprehensive Commentary on Detreville v. Gurevich, 91 F.4th ___ (10th Cir. 2025) 1. Introduction In...
Affidavits Aren’t Enough: Herrera-Ramirez v. Bondi and the Evidentiary Threshold for Motions to Reopen Introduction Herrera-Ramirez v. Bondi, No. 24-9549 (10th Cir. Jul. 8, 2025), marks an important...
The “Eight-Second Qualified-Immunity Gap”: Salgado v. Smith and the Limits of Clearly Established Excessive-Force Claims Introduction Salgado v. Smith, No. 24-2068 (10th Cir. July 8, 2025), arises...
Stark v. Reliance Standard Life Insurance Co. Tenth Circuit Declines Equitable Surcharge for Pre-Litigation Attorney’s Fees under ERISA § 502(a)(3) 1. Introduction Stark v. Reliance Standard Life...