Consent-to-Extraction Extends to Seizure: A Surgically Removed Bullet May Be Used as Evidence When the Patient Requested Aid and Disclaimed Any Interest I. Introduction Case: United States v. Gaye...
First Amendment Retaliation: Government Threats of Frivolous Litigation Are Clearly Unconstitutional 1. Introduction Tachias v. Sanders (10th Cir. Mar. 10, 2025) arises from a dispute between two...
Attorney-Misconduct Findings Are Not Immediately Appealable When They Underpin a Pending New-Trial Order (Butler Limited to Postjudgment Appeals) 1. Introduction Young v. Correctional Healthcare...
Finality First: Attorney-Misconduct Findings Are Not Appealable Under § 1291 While a New Trial Remains Pending 1. Introduction Young v. Correctional Healthcare Companies, Inc. (10th Cir. Mar. 10,...
Mitigating-Role Adjustment Turns on Relevant Conduct: Courts May Limit § 3B1.2 Comparisons to the Defendant’s Jointly Undertaken Local Node Case: United States v. D.A. (10th Cir. Mar. 10, 2025) |...
United States v. Sherwood: Emergency 911 Calls + Weapon Admission Justify Terry Stop and Pocket Intrusion; McGirt Jurisdictional Defects Barred by Good-Faith (Pemberton) I. Introduction In United...
Tenth Circuit Affirms Anders Dismissal Where Ineffective-Assistance and Prosecutorial-Misconduct Allegations Are Undeveloped and Unsupported Case: United States v. Quinn (10th Cir. Mar. 10, 2025)...
United States v. Sherwood — Corroborated, Non‑Anonymous 911 Gunshot Calls Support a Terry Stop; Weapon Admission Allows Pocket Entry During a Frisk 1. Introduction In United States v. Sherwood (10th...
Standing Traceability in LLC Redemption Disputes: A Plausible Link Exists When an Amendment Replaces Fair Market Value with Board-Set Book Value Case: Whale Family Investments, LP; Ranslem Capital,...
Mitigating-Role Adjustments Must Track Relevant Conduct: No “Hill error” Where Topeka-Only Scope Is a Plausible Fact Finding 1. Introduction In re: Sealed Opinion (United States v. D.A.) is a...
Refining the Limits of Imperfect Self-Defense and Preserving Jury Instruction Objections in First-Degree Murder Cases Introduction The case of United States v. Anthony Brian Walker involves a...
Affirming Consensual Encounters and Self-Search Exceptions: The Tenth Circuit’s Ruling in Jackson Introduction The case of United States v. Glen A. Jackson centers on the contested issue of how law...
Affirmation of Probable Cause in Malicious Prosecution Claims: Implications for Investigative Standards Introduction In the case of Gary Weidner, III v. Claire McHale; Kristin Ames, the United States...
Clarifying SIP Component Approvals Post-Attainment Deadline: EPA’s Validated Approach to Reasonable-Further-Progress and Anti-Backsliding Introduction The recent decision in CENTER FOR BIOLOGICAL...
Reaffirming the Final Judgment Rule: Limiting the Scope of the Collateral Order Doctrine in FCA Public Disclosure Bar Challenges Introduction The judgment in United States ex rel. Fiorisce, LLC v....
Detention Determinations in Wire Fraud Cases: Affirming Community Safety under the Bail Reform Act Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s...
Hybrid Dismissals in Mixed Habeas Petitions: A New Precedent on Exhaustion Requirements Introduction In the case of Clarissa Marie Mars v. Tamika White, Warden, the United States Court of Appeals for...
Extending Franks Accountability: Holding Off-Duty Officers to the Fourth Amendment Standard Introduction The case of UNITED STATES OF AMERICA v. SHAWN MICHAEL NORTON, recently decided by the Tenth...
New Regulatory Safety Standard for High-Powered Magnets: A Data-Driven and Constitutional Approach Introduction The judgment in MAGNETSAFETY.ORG; HOBBY MANUFACTURERS ASSOCIATION; NATIONAL RETAIL...
Mandating Concurrent Supervised Release: Clarifications on Sentencing for Multiple Murder Convictions Introduction The case of United States of America v. William Clayton Brown presents a complex...