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  • Commentaries
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10th Circuit Case Commentaries

Resentencing in United States v. Peña: Navigating Post-Johnson ACCA Adjustments – Tenth Circuit Affirms

Resentencing in United States v. Peña: Navigating Post-Johnson ACCA Adjustments – Tenth Circuit Affirms

Date: Jun 25, 2020
Resentencing in United States v. Peña: Navigating Post-Johnson ACCA Adjustments – Tenth Circuit Affirms Introduction In United States of America v. Tommy Peña, 963 F.3d 1016 (10th Cir. 2020), the...
Affirmation of Sovereign Immunity and Procedural Norms in Student Loan Litigation: Hoffmeister v. United Student Aid Funds, Inc.

Affirmation of Sovereign Immunity and Procedural Norms in Student Loan Litigation: Hoffmeister v. United Student Aid Funds, Inc.

Date: Jun 24, 2020
Affirmation of Sovereign Immunity and Procedural Norms in Student Loan Litigation: Hoffmeister v. United Student Aid Funds, Inc. Introduction In the case of Coleen C. Hoffmeister v. United Student...
Admissibility of Expert Testimony and Rule 404(b) Evidence in Criminal Convictions: Insights from United States v. Cristerna-Gonzalez

Admissibility of Expert Testimony and Rule 404(b) Evidence in Criminal Convictions: Insights from United States v. Cristerna-Gonzalez

Date: Jun 24, 2020
Admissibility of Expert Testimony and Rule 404(b) Evidence in Criminal Convictions: Insights from United States v. Cristerna-Gonzalez Introduction In the landmark case of United States of America v....
Tenth Circuit Affirms Denial of Qualified Immunity and Sovereign Immunity in Correctional Negligence Claims under the Colorado Governmental Immunity Act

Tenth Circuit Affirms Denial of Qualified Immunity and Sovereign Immunity in Correctional Negligence Claims under the Colorado Governmental Immunity Act

Date: Jun 24, 2020
Tenth Circuit Affirms Denial of Qualified Immunity and Sovereign Immunity in Correctional Negligence Claims under the Colorado Governmental Immunity Act Introduction In the case of Gordon G. Sawyers...
Direct Municipal Liability for Indiscriminate Body-Cavity Strip Searches Under the Fourth Amendment: Hinkle v. Beckham County

Direct Municipal Liability for Indiscriminate Body-Cavity Strip Searches Under the Fourth Amendment: Hinkle v. Beckham County

Date: Jun 23, 2020
Direct Municipal Liability for Indiscriminate Body-Cavity Strip Searches Under the Fourth Amendment: Hinkle v. Beckham County Introduction In Hinkle v. Beckham County, the United States Court of...
Employment Discrimination and Retaliation: Mann, Moye, and McGee v. XPO Logistics Freight, Inc.

Employment Discrimination and Retaliation: Mann, Moye, and McGee v. XPO Logistics Freight, Inc.

Date: Jun 20, 2020
Employment Discrimination and Retaliation: Mann, Moye, and McGee v. XPO Logistics Freight, Inc. Introduction In the case of Anthony Craig Mann; Dana Moye; Katina McGee, Plaintiffs-Appellants v. XPO...
Exhaustion of State Remedies Required for Habeas Corpus—Parkhurst v. Pacheco

Exhaustion of State Remedies Required for Habeas Corpus—Parkhurst v. Pacheco

Date: Jun 19, 2020
Exhaustion of State Remedies Required for Habeas Corpus—Parkhurst v. Pacheco Introduction In Parkhurst v. Pacheco, the United States Court of Appeals for the Tenth Circuit addressed the procedural...
Tenth Circuit Establishes Mandatory Issue Exhaustion for Appointments Clause Claims in Social Security Disability Proceedings

Tenth Circuit Establishes Mandatory Issue Exhaustion for Appointments Clause Claims in Social Security Disability Proceedings

Date: Jun 16, 2020
Tenth Circuit Establishes Mandatory Issue Exhaustion for Appointments Clause Claims in Social Security Disability Proceedings Introduction The case of Willie Earl Carr and Kim L. Minor v....
Mandatory Exhaustion of Administrative Remedies under PLRA Affirmed in Gray v. ODOC

Mandatory Exhaustion of Administrative Remedies under PLRA Affirmed in Gray v. ODOC

Date: Jun 13, 2020
Mandatory Exhaustion of Administrative Remedies under PLRA Affirmed in Gray v. ODOC Introduction In the case of Frederick Rideout Gray, Jr. v. Patricia Sorrels et al., the United States Court of...
Admissibility of Prior DUI Convictions to Prove Malice Aforethought in Second-Degree Murder Cases

Admissibility of Prior DUI Convictions to Prove Malice Aforethought in Second-Degree Murder Cases

Date: Jun 11, 2020
Admissibility of Prior DUI Convictions to Prove Malice Aforethought in Second-Degree Murder Cases Introduction In the case of United States of America v. Timothy Amos Merritt, adjudicated by the...
Affirmation of Ripeness Requirements and Procedural Limits in 28 U.S.C. §2241 Habeas Corpus Petitions: Jones v. English

Affirmation of Ripeness Requirements and Procedural Limits in 28 U.S.C. §2241 Habeas Corpus Petitions: Jones v. English

Date: Jun 10, 2020
Affirmation of Ripeness Requirements and Procedural Limits in 28 U.S.C. §2241 Habeas Corpus Petitions: Jones v. English Introduction Marcus DeAngelo Jones, also known as Marcus Deangelo Lee, is a...
Adherence to Limited Warranty Procedures Critical in Breach of Warranty Claims: Insights from Platts v. Winnebago Industries

Adherence to Limited Warranty Procedures Critical in Breach of Warranty Claims: Insights from Platts v. Winnebago Industries

Date: Jun 4, 2020
Adherence to Limited Warranty Procedures Critical in Breach of Warranty Claims: Insights from Platts v. Winnebago Industries Introduction The case of Deborah Ann Platt and Dallas Vaughn Platt v....
Reaffirmation of Strict Penalties for Abusive Tax Schemes under IRC § 6700: United States v. Rapower-3, LLC

Reaffirmation of Strict Penalties for Abusive Tax Schemes under IRC § 6700: United States v. Rapower-3, LLC

Date: Jun 3, 2020
Reaffirmation of Strict Penalties for Abusive Tax Schemes under IRC § 6700: United States v. Rapower-3, LLC 1. Introduction The case of United States of America v. RaPower-3, LLC; International...
Defective Workmanship Exclusion Reinforced in Builders' Risk Insurance Policies

Defective Workmanship Exclusion Reinforced in Builders' Risk Insurance Policies

Date: Jun 3, 2020
Defective Workmanship Exclusion Reinforced in Builders' Risk Insurance Policies Introduction In the landmark case Rocky Mountain Prestress, LLC v. Liberty Mutual Fire Insurance Company, the United...
Tenth Circuit Affirms Felon in Possession Conviction Despite Plea Colloquy Error; Emphasizes Correct Sentencing Guidelines Application

Tenth Circuit Affirms Felon in Possession Conviction Despite Plea Colloquy Error; Emphasizes Correct Sentencing Guidelines Application

Date: May 28, 2020
Tenth Circuit Affirms Felon in Possession Conviction Despite Plea Colloquy Error; Emphasizes Correct Sentencing Guidelines Application Introduction In the case of United States of America v. Frank...
Limiting Qualified Immunity in Unlawful Arrests: The Tenth Circuit's Affirmation in Corona v. Aguilar

Limiting Qualified Immunity in Unlawful Arrests: The Tenth Circuit's Affirmation in Corona v. Aguilar

Date: May 28, 2020
Limiting Qualified Immunity in Unlawful Arrests: The Tenth Circuit's Affirmation in Corona v. Aguilar Introduction The case of JORGE RAY CORONA v. OFFICER BRENT AGUILAR et al. (959 F.3d 1278)...
Enhanced Standards for Reasonable Suspicion and Motion to Suppress in Fourth and Fifth Amendment Contexts: United States v. Goebel

Enhanced Standards for Reasonable Suspicion and Motion to Suppress in Fourth and Fifth Amendment Contexts: United States v. Goebel

Date: May 27, 2020
Enhanced Standards for Reasonable Suspicion and Motion to Suppress in Fourth and Fifth Amendment Contexts: United States v. Goebel Introduction In the case of United States v. Jeffrey Goebel, 959...
Eleventh Amendment Immunity and County Officers: Insights from Crouse v. Dually (959 F.3d 1018)

Eleventh Amendment Immunity and County Officers: Insights from Crouse v. Dually (959 F.3d 1018)

Date: May 23, 2020
Eleventh Amendment Immunity and County Officers: Insights from Crouse v. Dually (959 F.3d 1018) Introduction Crouse v. Dually is a landmark decision by the United States Court of Appeals for the...
Strengthening First Amendment Protections: Tenth Circuit Rules Against Municipal Curfew on Commercial Door-to-Door Solicitation

Strengthening First Amendment Protections: Tenth Circuit Rules Against Municipal Curfew on Commercial Door-to-Door Solicitation

Date: May 16, 2020
Strengthening First Amendment Protections: Tenth Circuit Rules Against Municipal Curfew on Commercial Door-to-Door Solicitation Introduction In the case of Aptive Environmental, LLC v. Town of Castle...
ERISA Preemption and Discretionary Review: Ellis v. Liberty Life Assurance

ERISA Preemption and Discretionary Review: Ellis v. Liberty Life Assurance

Date: May 14, 2020
ERISA Preemption and Discretionary Review: Ellis v. Liberty Life Assurance Introduction In the landmark case of Michael D. Ellis v. Liberty Life Assurance Company of Boston, the United States Court...
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