Establishing Drug Quantity Through Anonymous Informants: Requirement of Reliability and Corroboration Post-United States v. Cripps Introduction United States v. Cripps (10th Cir. May 20, 2025)...
FAA Part 16 Jurisdiction and Grant Assurance Limits on Property Acquisition and Reimbursement Introduction Kunz v. FAA (10th Cir. 2025) addresses the scope of the Federal Aviation Administration’s...
Defining Probable Cause, Reasonable Force, and Deliberate Indifference in Public Intoxication Arrests: Burke v. City of Oklahoma City Introduction Burke v. City of Oklahoma City is a 2025 decision by...
Waiver of Suppression-Related Appeals by Unconditional Guilty Pleas: United States v. Boykins Introduction United States v. Boykins, 24‐6159 (10th Cir. May 19, 2025), addresses the consequences of an...
Clarifying the Scope of Rooker–Feldman and Younger Abstention in Federal Review of Domestic Relations Cases Introduction Covington v. Humphries, decided May 19, 2025 by the Tenth Circuit, is a...
Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance Introduction In Adams v. Wyoming Department of Corrections, 10th Cir. No. 24-8039 (May 19, 2025), Jett...
Judicial Finding Required Before Admission of Withdrawn Plea Statements Introduction United States v. Wilson (10th Cir. May 19, 2025) addresses whether a federal defendant’s withdrawn guilty-plea...
Unreviewability of the Attorney General’s “Substantial Federal Interest” Certification Under the Federal Juvenile Delinquency Act Introduction This commentary examines the Tenth Circuit’s decision in...
Supervisory Liability and Qualified Immunity: The Need for On-Point Precedent in Excessive-Force Claims Introduction In Dennis v. Pazen, 10th Cir. No. 23-1313 (May 13, 2025), the United States Court...
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing Introduction This commentary examines the Tenth Circuit’s decision in United States v. Calderon-Padilla,...
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes Introduction In NLRB v. 3484, Inc., Nos. 24-9511 & 24-9525 (10th Cir. May 12,...
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson Introduction United States v. Richardson (10th Cir. 2025) addresses the...
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions Introduction This commentary examines the United States Court of Appeals for...
Scope of “Taking” Under 18 U.S.C. § 2119: No Claim-of-Right Defense in Federal Carjacking Introduction The Tenth Circuit’s decision in United States v. Barnes (No. 22-2147, decided May 12, 2025)...
Confidentiality Instructions and Threats of Business Relocation as Unfair Labor Practices: 3484, Inc. v. NLRB Introduction In 3484, Inc. v. National Labor Relations Board, 10th Cir. (May 12, 2025),...
Limits of Fourth Amendment Protections in Private Automated Hash-Based Monitoring: United States v. Rosenschein Introduction United States v. Rosenschein (10th Cir. 2025) addresses whether...
Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct 1. Introduction In 3484, Inc.; 3486, Inc. v. National Labor Relations Board (10th Cir. May 12,...
Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris Introduction United States v. Berris, 10th Cir. No. 24-8065 (May 12, 2025),...
NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments Introduction In WildEarth Guardians v. U.S. Forest Service, 10th Cir. No. 24-1187 (May 9, 2025),...
Mandating the Jones Balancing Test Under Rule 32.1(b)(2)(C) in Supervised Release Revocation Hearings Introduction This commentary examines the Tenth Circuit’s decision in United States v. Martinez,...