10th Circuit Case Commentaries

Fontenot v. Crow: Establishing a New Standard for Actual Innocence in Federal Habeas Corpus Relief

Date: Jul 14, 2021

Fontenot v. Crow: Establishing a New Standard for Actual Innocence in Federal Habeas Corpus Relief Introduction Karl Fontenot, the petitioner and appellee, seeks federal habeas corpus relief against...

Zhu v. Commissioner: Clarifying Standards for Medically Severe Impairments and Disability Evaluations under SSA

Date: Jul 7, 2021

Zhu v. Commissioner: Clarifying Standards for Medically Severe Impairments and Disability Evaluations under SSA Introduction In the case of Xiangyuan Sue Zhu v. Commissioner, SSA, Dr. Zhu, a highly...

Requiring Proper Batson Analysis in Federal Habeas Corpus: Johnson v. Martin

Date: Jul 3, 2021

Requiring Proper Batson Analysis in Federal Habeas Corpus: Johnson v. Martin Introduction In the case of Alonzo Cortez Johnson v. Jimmy Martin, decided on July 2, 2021, by the United States Court of...

Accountability of Prosecutors in Fabrication of Evidence: Insights from Truman v. Orem City

Date: Jun 26, 2021

Accountability of Prosecutors in Fabrication of Evidence: Insights from Truman v. Orem City Introduction The case of Conrad Truman v. Orem City addresses critical issues surrounding the fabrication...

Applying McDonnell Douglas Framework in Title IX Claims of Anti-Male Bias: Commentary on Doe v. University of Denver

Date: Jun 16, 2021

Applying McDonnell Douglas Framework in Title IX Claims of Anti-Male Bias: Commentary on Doe v. University of Denver Introduction The case of John Doe, Plaintiff - Appellant v. University of Denver...

Retroactive Application of SORA and the Necessity of Actual Innocence in Habeas Corpus Petitions: Childers v. Crow

Date: Jun 15, 2021

Retroactive Application of SORA and the Necessity of Actual Innocence in Habeas Corpus Petitions: Childers v. Crow Introduction In the landmark case of John William Childers v. Scott Crow, decided by...

Tenth Circuit Upholds FTCA Exceptions in Dog Head Fire Negligence Case

Date: Jun 4, 2021

Tenth Circuit Upholds FTCA Exceptions in Dog Head Fire Negligence Case Introduction In the summer of 2016, the Dog Head Fire ravaged Isleta Pueblo and surrounding United States Forest Service land in...

U.S. v. Suggs: Tenth Circuit Enforces Strict Particularity in Search Warrants and Reaffirms Severability Limits

Date: Jun 3, 2021

U.S. v. Suggs: Tenth Circuit Enforces Strict Particularity in Search Warrants and Reaffirms Severability Limits Introduction In the landmark case United States of America v. Perry Wayne Suggs, Jr.,...

Withdrawal of Guilty Plea and Effective Assistance of Counsel in the Context of Legislative Changes

Date: Jun 3, 2021

Withdrawal of Guilty Plea and Effective Assistance of Counsel in the Context of Legislative Changes Introduction In the case of United States of America v. Christopher Dominguez (998 F.3d 1094,...

Reaffirming the SSA's Five-Step Evaluation Process in Disability Claims: Fannin v. Commissioner

Date: May 25, 2021

Reaffirming the SSA's Five-Step Evaluation Process in Disability Claims: Fannin v. Commissioner Introduction In the case of James Floyd Fannin, Jr. v. Commissioner, SSA, the United States Court of...

Tenth Circuit Sets Standard for Qualified Immunity in Excessive Force Cases: Huff v. Reeves

Date: May 11, 2021

Tenth Circuit Sets Standard for Qualified Immunity in Excessive Force Cases: Huff v. Reeves Introduction In the landmark case of Julie Huff v. Christopher Reeves, the United States Court of Appeals...

Heightened Scrutiny for Settlements with 'Kicker' and 'Clear-Sailing' Agreements in Class Actions

Date: May 8, 2021

Heightened Scrutiny for Settlements with 'Kicker' and 'Clear-Sailing' Agreements in Class Actions Introduction The case of In re: SAMSUNG TOP-LOAD WASHING MACHINE MARKETING, SALES PRACTICES AND...

United States v. Ebube Otuonye: Establishing Accountability in Controlled Substance Distribution

Date: May 5, 2021

United States v. Ebube Otuonye: Establishing Accountability in Controlled Substance Distribution Introduction In the landmark case United States of America v. Ebube Otuonye, decided by the United...

United States v. Venezia: Redefining Community-Caretaking in Vehicle Impoundments

Date: May 4, 2021

United States v. Venezia: Redefining Community-Caretaking in Vehicle Impoundments Introduction In United States v. Venezia, the United States Court of Appeals for the Tenth Circuit addressed...

Defining Conspiracy Scope with Named and Unnamed Co-Conspirators: Insights from United States v. Davis

Date: May 4, 2021

Defining Conspiracy Scope with Named and Unnamed Co-Conspirators: Insights from United States v. Davis Introduction In the landmark case United States of America v. Amy Lee Davis, adjudicated by the...

Establishing Protectable Interest in Service Marks: A Comprehensive Analysis of Underwood v. Bank of America

Date: May 1, 2021

Establishing Protectable Interest in Service Marks: A Comprehensive Analysis of Underwood v. Bank of America Introduction In the landmark case Erik M. Underwood v. Bank of America Corporation (996...

Affirmation of Good-Faith Exception in Fourth Amendment Warrant Issues: United States v. Cotto

Date: Apr 28, 2021

Affirmation of Good-Faith Exception in Fourth Amendment Warrant Issues: United States v. Cotto Introduction In the case of United States of America v. Omil Cotto, 995 F.3d 786 (10th Cir. 2021), the...

Affirmation of Valid Consent and Midstream Miranda Application in *United States v. Guillen*

Date: Apr 28, 2021

Affirmation of Valid Consent and Midstream Miranda Application in United States v. Guillen Introduction Case: UNITED STATES OF AMERICA v. ETHAN GUILLEN, 995 F.3d 1095 (10th Cir. 2021) Court: United...

Clarifying Mens Rea for False Firearm Statements: Insights from Kaspereit v. United States

Date: Apr 21, 2021

Clarifying Mens Rea for False Firearm Statements: Insights from Kaspereit v. United States Introduction Kaspereit v. United States, 994 F.3d 1202 (10th Cir. 2021), is a pivotal case that delves into...

Establishing Genuine Dispute in Race Discrimination Claims Under the McDonnell Douglas Framework

Date: Apr 21, 2021

Establishing Genuine Dispute in Race Discrimination Claims Under the McDonnell Douglas Framework Introduction The case of Dr. Erfan Ibrahim v. Alliance for Sustainable Energy, LLC (994 F.3d 1193)...