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  • Commentaries
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10th Circuit Case Commentaries

“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

Date: Jun 20, 2025
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” Commentary on David v. Yazel, 70 F.4th ___ (10th Cir. 2025) 1. Introduction David v. Yazel is a 2025 decision...
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

Date: Jun 20, 2025
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: A Comprehensive Commentary on United States v. Judkins (10th Cir. 2025) 1. Introduction United States v. Judkins, decided on 17...
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

Date: Jun 18, 2025
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act Introduction United States v....

        United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony
        and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

Date: Jun 18, 2025
United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data I. Introduction In United States v. Rivera (10th...
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

Date: Jun 18, 2025
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests Introduction In United States v. Tyler, the United States Court of Appeals for...
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Date: Jun 18, 2025
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation Introduction Herman v....
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity A Comprehensive Commentary on Bailey v. Beale, No. 23-7083 (10th Cir. 2025) 1. Introduction Bailey v....

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a
Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year
Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking
Companies v. Sycamore Family Bakery, 10th Cir. 2025)

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking Companies v. Sycamore Family Bakery, 10th Cir. 2025)

Date: Jun 18, 2025
“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that...
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Date: Jun 18, 2025
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury Introduction Orlando Bell, a federal prisoner once housed at...
Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: Commentary on Gabaldon v. New Mexico State Police (2025)

Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: Commentary on Gabaldon v. New Mexico State Police (2025)

Date: Jun 18, 2025
Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: A Detailed Commentary on Gabaldon v. New Mexico State Police (10th Cir. 2025) 1. Introduction Case name: Craig Gabaldon v....
P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals

P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals

Date: Jun 18, 2025
P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals 1. Introduction P.W. v....
California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025)

California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025)

Date: Jun 18, 2025
California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025) Introduction In United States v. Sjodin, No. 23-4069 (10th Cir. 2025),...
Asset Dissipation as Irreparable Harm:  Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Date: Jun 11, 2025
Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct 1....
Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Date: Jun 11, 2025
Intermediate Scrutiny over Turner Deference: Griffith v. El Paso County (10th Cir. 2025) Introduction Griffith v. El Paso County, Colorado, presents a pivotal clash between prison-administration...
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

Date: Jun 11, 2025
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims 1. Introduction Rapid Enterprises, LLC, doing business as Express One, operated...
United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

Date: Jun 11, 2025
United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories Introduction United...

“Superior-Interest Rule” in Criminal Forfeiture:  Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

Date: Jun 11, 2025
“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back Commentary on United States v. Peck, 89 F.4th ___ (10th Cir. 2025) I....
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

Date: Jun 11, 2025
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion Introduction In Williams v....
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Date: Jun 11, 2025
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming Department of Corrections Clarifies the Sixth-Amendment Standard Introduction Barrett v. Wyoming Department of Corrections, No. 24-8062...
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

Date: Jun 11, 2025
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing I. Introduction United States v. Nickols, No. 24-5056 (10th Cir. June 9, 2025),...
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