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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Date: Jun 29, 2025
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA Comprehensive Commentary on Saleem v. Garland, No. 23-9568 & 24-9546 (10th Cir. Jun. 26, 2025) 1....
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Date: Jun 29, 2025
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion) Introduction On 26 June 2025 the United States Court of Appeals for the Tenth Circuit handed down...
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

Date: Jun 29, 2025
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals Court: United States Court of Appeals for the...
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Date: Jun 29, 2025
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals 1. Introduction In Hale-El v. Ring, Nos. 25-1044 & 25-1045 (10th Cir. 2025), the...
Vehicle-Specific Liability Coverage Upheld:  Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Date: Jun 29, 2025
Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle 1. Introduction Scott v. Nationwide Agribusiness Insurance...
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

Date: Jun 29, 2025
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses 1. Introduction On 25 June 2025, the United States...
United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

Date: Jun 29, 2025
United States v. Butler Commentary on the Tenth Circuit’s Published Opinion (June 25, 2025) Introduction On 25 June 2025, the United States Court of Appeals for the Tenth Circuit delivered a...
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

Date: Jun 27, 2025
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review 1. Introduction Franklin v. Attorney General for the State of New...
“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

Date: Jun 27, 2025
“One Bite at the Apple” – The Tenth Circuit’s New Rule on Claim Preclusion When a Plaintiff Declines to Plead Existing Diversity Jurisdiction (Markley v. U.S. Bank N.A.) 1. Introduction In Markley v....
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

Date: Jun 27, 2025
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations 1. Introduction In United States...
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

Date: Jun 27, 2025
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine Introduction United States v. Teerlink, 94 F.4th ___ (10th Cir. 2025), presented the Tenth Circuit...
Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims

Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims

Date: Jun 25, 2025
Biers v. Dentons US: Tenth Circuit Clarifies Appealability of Interlocutory Orders and Reinforces Limits on Stand-Alone Cross-Claims Introduction In Biers v. Dentons US LLP, the United States Court...
Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force”

Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force”

Date: Jun 25, 2025
Teetz v. Stepien: The Tenth Circuit Brands Prolonged Prone Restraint of a Subdued Detainee as “Deadly Force” Introduction In Teetz v. Stepien, the U.S. Court of Appeals for the Tenth Circuit...
Always Compare the Defendant to Actual Participants: Berryhill’s Clarification of § 3B1.2 Mitigating-Role Analysis

Always Compare the Defendant to Actual Participants: Berryhill’s Clarification of § 3B1.2 Mitigating-Role Analysis

Date: Jun 25, 2025
Always Compare the Defendant to Actual Participants: United States v. Berryhill and the Clarified Duty to Perform a Relative-Culpability Analysis Under U.S.S.G. § 3B1.2 Introduction United States v....

        United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and 
        (2) A District Court’s Power to Vacate Its Own Erroneous Rule 29 Acquittal Without Offending Double Jeopardy

United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and (2) A District Court’s Power to Vacate Its Own Erroneous Rule 29 Acquittal Without Offending Double Jeopardy

Date: Jun 25, 2025
United States v. Roark: Tenth Circuit Clarifies (1) When Failure to Give a Specific-Unanimity Instruction Constitutes Reversible Plain Error and (2) A District Court’s Power to Vacate Its Own...
Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions – A Commentary on Wyles v. Sussman (10th Cir. 2025)

Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions – A Commentary on Wyles v. Sussman (10th Cir. 2025)

Date: Jun 25, 2025
Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions A Comprehensive Commentary on Wyles v. Sussman, 10th Cir., 23 June...

        Davenport v. Pata – When a Mere “Referral Note” Is Not Enough:
        The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures
        Can Constitute Deliberate Indifference to Serious Medical Needs

Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical Needs

Date: Jun 23, 2025
Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical...
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

Date: Jun 23, 2025
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors in Substantive-Reasonableness Review Introduction In United States v. Charley,...
“Sum-Certain Contempt Sanctions as Final Decisions” – A Commentary on Coomer v. Make Your Life Epic, LLC (10th Cir. 2025)

“Sum-Certain Contempt Sanctions as Final Decisions” – A Commentary on Coomer v. Make Your Life Epic, LLC (10th Cir. 2025)

Date: Jun 20, 2025
“Sum-Certain Contempt Sanctions as Final Decisions” A Comprehensive Commentary on Coomer v. Make Your Life Epic, LLC, 91 F.4th ___ (10th Cir. 2025) I. Introduction The United States Court of Appeals...
“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the CGIA

“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the CGIA

Date: Jun 20, 2025
“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the Colorado Governmental Immunity Act 1. Introduction Background. Ana Guardado, a traveler at...
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