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  • Commentaries
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10th Circuit Case Commentaries

Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Date: Nov 5, 2025
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering Introduction In Timmins v. Plotkin, No. 24-1160...
No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review in Custodia Bank v. FRBKC

No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review in Custodia Bank v. FRBKC

Date: Nov 2, 2025
No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review Introduction In a closely watched dispute at the intersection of payments...
COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025)

COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025)

Date: Nov 2, 2025
COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025) Introduction In...
Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025)

Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025)

Date: Nov 2, 2025
Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025) Introduction United...
Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing

Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing

Date: Nov 2, 2025
Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing Case: United States v. Fraser,...
Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital

Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital

Date: Nov 1, 2025
Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital Introduction In Byrnes v. St. Catherine...
Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera

Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera

Date: Nov 1, 2025
Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera Court: United States Court of...
“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta

“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta

Date: Nov 1, 2025
“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta Introduction In United States v. Huerta,...
Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Date: Oct 30, 2025
Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA Introduction In Miller v. USDA, No. 24-6252 (10th Cir. Oct. 28, 2025),...
Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Date: Oct 30, 2025
Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty Introduction In Saini v....
Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Date: Oct 30, 2025
Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums Introduction In United States v. Ford (10th Cir. Oct. 28, 2025), the Tenth Circuit resolved a...
Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination, justify a vehicle sweep

Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination, justify a vehicle sweep

Date: Oct 30, 2025
Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination,...
No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions

No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions

Date: Oct 30, 2025
No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions Introduction In Green Room LLC v. State of Wyoming (10th Cir....
No § 1983 Preemption Right Under the 2018 Farm Bill; Tenth Circuit Upholds Wyoming’s Delta‑8/Synthetic Hemp Restrictions Against Dormant Commerce, Takings, and Vagueness Challenges

No § 1983 Preemption Right Under the 2018 Farm Bill; Tenth Circuit Upholds Wyoming’s Delta‑8/Synthetic Hemp Restrictions Against Dormant Commerce, Takings, and Vagueness Challenges

Date: Oct 30, 2025
No § 1983 Preemption Right Under the 2018 Farm Bill; Tenth Circuit Upholds Wyoming’s Delta‑8/Synthetic Hemp Restrictions Against Dormant Commerce, Takings, and Vagueness Challenges Introduction In...
Green Room v. Wyoming: No Private Right Under the 2018 Farm Bill; State Delta‑8/“Psychoactive” Hemp Restrictions Survive Preemption, Dormant Commerce Clause, Takings, and Vagueness Challenges

Green Room v. Wyoming: No Private Right Under the 2018 Farm Bill; State Delta‑8/“Psychoactive” Hemp Restrictions Survive Preemption, Dormant Commerce Clause, Takings, and Vagueness Challenges

Date: Oct 30, 2025
Green Room v. Wyoming: No Private Right Under the 2018 Farm Bill; State Delta‑8/“Psychoactive” Hemp Restrictions Survive Preemption, Dormant Commerce Clause, Takings, and Vagueness Challenges...
Neeley v. Long: Tenth Circuit Reaffirms Rare Availability of Equitable Tolling for AEDPA Timeliness and Declines to Ground COA Denial on Firm-Waiver Rule

Neeley v. Long: Tenth Circuit Reaffirms Rare Availability of Equitable Tolling for AEDPA Timeliness and Declines to Ground COA Denial on Firm-Waiver Rule

Date: Oct 30, 2025
Neeley v. Long: Tenth Circuit Reaffirms Rare Availability of Equitable Tolling for AEDPA Timeliness and Declines to Ground COA Denial on Firm-Waiver Rule Introduction In Neeley v. Long, No. 25-1131...
Tenth Circuit Closes the “Impeachment” Workaround: Rule 412 Bars Using a Child Victim’s Sexualized Online Fantasies for General Credibility Attacks; Constitutional Exception Limited to Bias or Motive

Tenth Circuit Closes the “Impeachment” Workaround: Rule 412 Bars Using a Child Victim’s Sexualized Online Fantasies for General Credibility Attacks; Constitutional Exception Limited to Bias or Motive

Date: Oct 30, 2025
Tenth Circuit Closes the “Impeachment” Workaround: Rule 412 Bars Using a Child Victim’s Sexualized Online Fantasies for General Credibility Attacks; Constitutional Exception Limited to Bias or Motive...
Tenth Circuit Clarifies: Post‑Judgment Discovery That Attacks the Merits Is a Successive § 2254 Petition Requiring § 2244(b) Authorization and a COA

Tenth Circuit Clarifies: Post‑Judgment Discovery That Attacks the Merits Is a Successive § 2254 Petition Requiring § 2244(b) Authorization and a COA

Date: Oct 28, 2025
Tenth Circuit Clarifies: Post‑Judgment Discovery That Attacks the Merits Is a Successive § 2254 Petition Requiring § 2244(b) Authorization and a COA Introduction In Johnson v. Patton, No. 25-6084...
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Date: Oct 27, 2025
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025) United States v. Acebo, No. 24-8035 (10th Cir. Oct. 23, 2025) —...
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Commentary on Bellar v. Stancil (10th Cir. Oct. 23, 2025)

Date: Oct 25, 2025
Forfeited Loper Bright Challenge to AEDPA and No Double Jeopardy COA After Hung Jury: Bellar v. Stancil Introduction In Bellar v. Stancil, the United States Court of Appeals for the Tenth Circuit...
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