10th Circuit Case Commentaries

Standing and Mootness in Attorney Fees Allocation: Tenth Circuit's Ruling in In re Syngenta AG Litigation

Date: Mar 12, 2024

Standing and Mootness in Attorney Fees Allocation: Tenth Circuit's Ruling in In re Syngenta AG Litigation Introduction The case of Shields Law Group, LLC; Paul Byrd Law Firm, PLLC, et al. v. Stueve...

Establishing the 'Conscious Disregard' Standard for Willful and Wanton Conduct Under Colorado Governmental Immunity Act: 10th Circuit Sets New Precedent

Date: Mar 12, 2024

Establishing the 'Conscious Disregard' Standard for Willful and Wanton Conduct Under Colorado Governmental Immunity Act: 10th Circuit Sets New Precedent Introduction In the landmark case of Mary...

Affirmation of Dismissal in Hostile Work Environment Claim Under Title VII: Young v. Colorado Department of Corrections

Date: Mar 12, 2024

Affirmation of Dismissal in Hostile Work Environment Claim Under Title VII: Young v. Colorado Department of Corrections Introduction In the case of Joshua F. Young v. Colorado Department of...

Affirmation of COA Denial: Upholding Sixth Amendment Rights and Effective Counsel Standards

Date: Mar 9, 2024

Affirmation of Certificate of Appealability Denial: Upholding Sixth Amendment Rights and Effective Counsel Standards Introduction In the case of Warren Dale Watson v. Mark Fairbairn; The Attorney...

Balancing Public Trial Rights and Public Health: Tenth Circuit Upholds Courtroom Closures During COVID-19

Date: Mar 8, 2024

Balancing Public Trial Rights and Public Health: Tenth Circuit Upholds Courtroom Closures During COVID-19 Introduction The case of United States of America v. Quentin Veneno, Jr. (94 F.4th 1196)...

Tenth Circuit Upholds Bureau of Prisons’ Risk Classification System: Implications for Prisoner Credit Utilization

Date: Mar 7, 2024

Tenth Circuit Upholds Bureau of Prisons’ Risk Classification System: Implications for Prisoner Credit Utilization Introduction In the case of Anthony Martin Green v. D. Hudson, Warden, the United...

Prudential Mootness in Inmate Facility Transfers: Bacote v. Federal Bureau of Prisons

Date: Mar 6, 2024

Prudential Mootness in Inmate Facility Transfers: Bacote v. Federal Bureau of Prisons Introduction The case of Michael Bacote, Jr. v. Federal Bureau of Prisons addresses critical issues surrounding...

Reaffirming Appellate Procedural Standards: The Role of Invited Error and Plain Error in Upholding Fraud Convictions – United States v. McBride

Date: Mar 6, 2024

Reaffirming Appellate Procedural Standards: The Role of Invited Error and Plain Error in Upholding Fraud Convictions – United States v. McBride Introduction In United States of America v. Whitney...

Tenth Circuit Clarifies Asylum Claims: Immutable Social Groups and Claim-Processing Rules in "Miguel-Pena v. Garland"

Date: Mar 5, 2024

Tenth Circuit Clarifies Asylum Claims: Immutable Social Groups and Claim-Processing Rules in "Miguel-Pena v. Garland" Introduction The case of Wendy Carolina Miguel-Pena; BNRM v. Merrick B. Garland...

Establishing SUWA’s Right to Intervene in R.S. 2477 Quiet Title Actions: Kane County v. United States

Date: Mar 5, 2024

Establishing SUWA’s Right to Intervene in R.S. 2477 Quiet Title Actions: Kane County v. United States Introduction The recent appellate decision in Kane County, Utah v. United States of America marks...

Good-Faith Exception and Jurisdictional Challenges Post-McGirt: Analysis of Pemberton v. Oklahoma

Date: Mar 5, 2024

Good-Faith Exception and Jurisdictional Challenges Post-McGirt: Analysis of Pemberton v. Oklahoma Introduction The landmark decision in McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), redefined the...

Affirmation of Judicial Discretion: Upholding Maximum Sentencing in Light of Extensive Criminal History – Hurst v. US

Date: Mar 2, 2024

Affirmation of Judicial Discretion: Upholding Maximum Sentencing in Light of Extensive Criminal History – Hurst v. US Introduction United States of America v. Garrett Joseph Hurst, 94 F.4th 993...

Clarifying Judicial Recusal for Volunteering Appellate Judges in District Courts: Saavedra v. USA

Date: Mar 1, 2024

Clarifying Judicial Recusal for Volunteering Appellate Judges in District Courts: Saavedra v. USA Introduction In the case of United States of America v. Fermin Saavedra, the United States Court of...

Affirmation of Substantive Reasonableness in Sentencing: United States v. Ware

Date: Feb 29, 2024

Affirmation of Substantive Reasonableness in Sentencing: United States v. Ware Introduction In United States v. Ware, 93 F.4th 1175 (10th Cir. 2024), the United States Court of Appeals for the Tenth...

Kincaid v. Unified School District No. 500: Affirmation of Summary Judgment on Retaliation Claims under Title IX and Title VII

Date: Feb 24, 2024

Kincaid v. Unified School District No. 500: Affirmation of Summary Judgment on Retaliation Claims under Title IX and Title VII Introduction In the case of Cassandra Kincaid v. Unified School District...

Strict Compliance with Procedural Requirements for Certificate of Appealability in Federal Habeas Petitions: Insights from Love v. Schnurr

Date: Feb 24, 2024

Strict Compliance with Procedural Requirements for Certificate of Appealability in Federal Habeas Petitions: Insights from Love v. Schnurr Introduction Levi Love, a state inmate incarcerated at...

Judicial Immunity and Procedural Compliance in Warner v. Lund et al.: Tenth Circuit Analysis

Date: Feb 22, 2024

Judicial Immunity and Procedural Compliance in Warner v. Lund et al.: Tenth Circuit Analysis Introduction The case of David Warner v. Katie G. Lund; Lisa Abeyta; Andre Billingsley; New Mexico State...

Application of the Inevitable Discovery Exception in United States v. Tolbert

Date: Feb 21, 2024

Application of the Inevitable Discovery Exception in United States v. Tolbert Introduction In the landmark case of United States of America v. Donald Alvin Tolbert, 92 F.4th 1265 (10th Cir. 2024),...

Tenth Circuit Affirms Qualified Immunity in Traffic Stop Case Involving Obstructed Out-of-State License Plates and Narcotics Dog Indication

Date: Feb 21, 2024

Tenth Circuit Affirms Qualified Immunity in Traffic Stop Case Involving Obstructed Out-of-State License Plates and Narcotics Dog Indication Introduction In the case of Joseph M. Hoskins v. Jared...

Non-Stacking Uninsured Motorist Coverage Affirmed: Sharp & Thurston v. State Farm

Date: Feb 17, 2024

Non-Stacking Uninsured Motorist Coverage Affirmed: Sharp & Thurston v. State Farm Introduction In the case of Shannon Sharp and Eric M. Thurston v. State Farm Mutual Automobile Insurance Company, the...