10th Circuit Case Commentaries

Establishing Internet-Use Controls in Supervised Release: Prior Authorization & Monitoring-Software Conditions Upheld in United States v. Kornacki

Date: May 9, 2025

Establishing Internet-Use Controls in Supervised Release: Prior Authorization & Monitoring-Software Conditions Upheld in United States v. Kornacki Introduction United States v. Kornacki, decided May...

Standards for Prior-Authorization and Monitoring-Software Conditions on Internet-Capable Devices in Supervised Release

Date: May 9, 2025

Standards for Prior-Authorization and Monitoring-Software Conditions on Internet-Capable Devices in Supervised Release 1. Introduction This commentary examines the Tenth Circuit’s decision in United...

Enforcing Tailored Internet Restrictions in Supervised Release: United States v. Kornacki (10th Cir. 2025)

Date: May 9, 2025

Enforcing Tailored Internet Restrictions in Supervised Release: United States v. Kornacki (10th Cir. 2025) Introduction United States v. Kornacki, decided May 8, 2025 by the Tenth Circuit, addresses...

United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles

Date: May 9, 2025

United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles Introduction United States v. Kristich, decided May 8, 2025, by the Tenth...

Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue

Date: May 9, 2025

Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue Introduction Guebara v. Bascue is a 2025 decision of the United States Court of Appeals for...

Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth

Date: May 7, 2025

Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth Introduction Mauldin v. Wormuth (10th Cir. May 6, 2025) is a landmark...

Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment

Date: May 7, 2025

Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment Introduction Case: United States v. Ward Court: U.S. Court of Appeals for the Tenth Circuit Date: May 6, 2025...

RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions

Date: May 7, 2025

RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions Introduction In Calvary Albuquerque Inc. v. Rubio (10th Cir. 2025), a New Mexico church...

Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821

Date: May 6, 2025

Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821 Introduction United States v. Rose, No. 24-7079 (10th Cir. May 5, 2025), addresses whether...

Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions

Date: May 6, 2025

Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions Introduction Fonte v. Memorial Hospital of Laramie County is a decision of the...

Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller

Date: May 6, 2025

Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller Introduction United States v. Fuller, decided May 5, 2025 by the Tenth Circuit,...

Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee

Date: May 6, 2025

Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee Introduction Ibarra v. Lee, decided May 5, 2025 by the Tenth Circuit, clarifies...

Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez

Date: May 3, 2025

Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez Introduction United States v. Guzman-Dominguez, decided by the Tenth Circuit on May 2,...

Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation

Date: May 3, 2025

Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation Introduction Herrera-Arellano v. Garland is an...

AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims

Date: May 3, 2025

AdHealth, Ltd. v. PorterCare Adventist Health Systems: Unambiguous Definition of “Medical Incident” Limits Coverage to Individual Patient Claims 1. Introduction In AdHealth, Limited v. PorterCare...

Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement

Date: May 3, 2025

Clarifying “Maintenance” Under U.S.S.G. §2D1.1(b)(12): Control, Duration, and Possessory Interest in Drug Premises Enhancement Introduction United States v. Day (10th Cir. May 2, 2025) addresses a...

Minimal Explanatory Requirement for Within-Guidelines Sentences in § 3582(c)(2) Resentencing

Date: May 1, 2025

Minimal Explanatory Requirement for Within-Guidelines Sentences in § 3582(c)(2) Resentencing Introduction United States v. Eagle, 10th Cir. No. 24-7040 (Apr. 30, 2025), addresses the scope of a...

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Date: May 1, 2025

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants Introduction United States v. Santiago (10th Cir., Apr. 30, 2025) addresses the Fourth...

Absence of EEOC Right-to-Sue Letter Does Not Defeat Claim Preclusion in Title VII Suits

Date: Apr 30, 2025

Absence of EEOC Right-to-Sue Letter Does Not Defeat Claim Preclusion in Title VII Suits Introduction Watkins v. Genesh, Inc., No. 24-3043 (10th Cir. Apr. 29, 2025) presents a critical question at the...

Clarifying the Two-Year Statute of Limitations for §1983 Medical Claims by Pretrial Detainees

Date: Apr 30, 2025

Clarifying the Two-Year Statute of Limitations for §1983 Medical Claims by Pretrial Detainees Introduction The Court of Appeals for the Tenth Circuit’s decision in Kolak v. Backerville, No. 24-1182...