10th Circuit Case Commentaries

Tenth Circuit Affirms Denial of First Step Act Sentence Reduction: Emphasizing Defendant's Dangerousness and Judicial Discretion

Date: Dec 3, 2020

Tenth Circuit Affirms Denial of First Step Act Sentence Reduction: Emphasizing Defendant's Dangerousness and Judicial Discretion Introduction In the case of United States of America v. Jeremy Vaughn...

Tenth Circuit Establishes New Precedent on Police Use of Deadly Force and Qualified Immunity

Date: Dec 2, 2020

Tenth Circuit Establishes New Precedent on Police Use of Deadly Force and Qualified Immunity Introduction In the landmark case of Bond v. City of Tahlequah, the United States Court of Appeals for the...

Jurisdictional Limits of §2241 Habeas Corpus: Analyzing United States v. Rhodes

Date: Nov 7, 2020

Jurisdictional Limits of §2241 Habeas Corpus: Analyzing United States v. Rhodes Introduction United States of America v. Jimmy Eugene Rhodes is a pivotal case adjudicated by the United States Court...

10th Circuit Upholds Strict Article III Standing Standards in Challenges to School Vaccine Exemption Policies

Date: Nov 4, 2020

10th Circuit Upholds Strict Article III Standing Standards in Challenges to School Vaccine Exemption Policies Introduction In the case of Terri E. Baker v. USD 229 Blue Valley; Lee A. Norman; Derek...

Sentencing Standards for Reclassified Arson Convictions: Analysis of United States v. Lawless (10th Cir. 2020)

Date: Nov 3, 2020

Sentencing Standards for Reclassified Arson Convictions: Analysis of United States v. Lawless (10th Cir. 2020) Introduction United States of America v. David Lawless is a pivotal case adjudicated by...

Adverse Employment Action Not Required for ADA Failure-to-Accommodate Claims: Tenth Circuit Sets New Precedent

Date: Oct 29, 2020

Adverse Employment Action Not Required for ADA Failure-to-Accommodate Claims: Tenth Circuit Sets New Precedent Introduction In the landmark case of Laurie Exby-Stolley v. Board of County...

Objective Reasonableness in Use of Force: Rowell v. Muskogee County

Date: Oct 28, 2020

Objective Reasonableness in Use of Force: Rowell v. Muskogee County Introduction In the landmark case of Rowell v. Muskogee County, the United States Court of Appeals for the Tenth Circuit addressed...

Rule 45(d)(2)(B)(ii) Compliance in Non-Party Subpoenas: Tenth Circuit Sets New Precedent

Date: Oct 24, 2020

Rule 45(d)(2)(B)(ii) Compliance in Non-Party Subpoenas: Tenth Circuit Sets New Precedent Introduction The case of Bigie Lee Rhea v. Apache Corporation et al. adjudicated by the United States Court of...

Tenth Circuit Upholds Two-Prong Test for Deliberate Indifference in Pretrial Detainee Medical Care Claims

Date: Oct 10, 2020

Tenth Circuit Upholds Two-Prong Test for Deliberate Indifference in Pretrial Detainee Medical Care Claims Introduction In the case of Faye Strain, as guardian of Thomas Benjamin Pratt, Plaintiff -...

Enhanced Requirements for Supervised Release Conditions: Insights from United States v. Koch

Date: Oct 10, 2020

Enhanced Requirements for Supervised Release Conditions: Insights from United States v. Koch Introduction United States v. Daniel Aaron Koch, 978 F.3d 719 (10th Cir. 2020), presents a pivotal moment...

Admitting Translation Transcripts Without Original Recordings Violates the Best Evidence Rule: United States v. Chavez

Date: Oct 1, 2020

Admitting Translation Transcripts Without Original Recordings Violates the Best Evidence Rule: United States v. Chavez, 976 F.3d 1178 (10th Cir. 2020) Introduction In the case of United States of...

Establishing Legal Standards for Hostile Work Environments: Sanderson v. Wyoming Highway Patrol

Date: Oct 1, 2020

Establishing Legal Standards for Hostile Work Environments: Sanderson v. Wyoming Highway Patrol Introduction The case of Delsa Brooke Sanderson versus the Wyoming Highway Patrol (WHP) represents a...

10th Circuit Upholds Strict Procedural Barriers for Successive §2255 Motions and Limits Grounds for §3582(c)(1)(A)(i) Sentence Reductions

Date: Sep 29, 2020

10th Circuit Upholds Strict Procedural Barriers for Successive §2255 Motions and Limits Grounds for §3582(c)(1)(A)(i) Sentence Reductions Introduction In the case of United States of America v....

Reaffirming the Required Interactive Process for ADA Accommodations: Comprehensive Analysis of Aubrey v. Koppes, 975 F.3d 995 (10th Cir. 2020)

Date: Sep 19, 2020

Reaffirming the Required Interactive Process for ADA Accommodations: Comprehensive Analysis of Aubrey v. Koppes, 975 F.3d 995 (10th Cir. 2020) Introduction In the landmark case of Kimberly Aubrey v....

Judicial Determination of Arbitration Agreement Existence Overrules Delegation Clauses: Fedor v. UnitedHealthcare

Date: Sep 17, 2020

Judicial Determination of Arbitration Agreement Existence Overrules Delegation Clauses: Fedor v. UnitedHealthcare Introduction The case of Dana Fedor, and all others similarly situated, Plaintiff -...

Enhancing RICO Liability: Constructive Trusts and Personal Jurisdiction in CGC Holding Company v. Hutchens

Date: Sep 15, 2020

Enhancing RICO Liability: Constructive Trusts and Personal Jurisdiction in CGC Holding Company v. Hutchens Introduction The case of CGC Holding Company, LLC, Harlem Algonquin LLC, and James T. Medick...

Affirmation of Constitutional Protections Against Sexual Abuse in Custodial Settings

Date: Sep 15, 2020

Affirmation of Constitutional Protections Against Sexual Abuse in Custodial Settings Introduction The case of Brittney Brown v. Roger Flowers et al. ([974 F.3d 1178](#)), adjudicated by the United...

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies under IDEA and APA: Donahue v. Kansas Board of Education

Date: Sep 15, 2020

Affirmation of Dismissal for Failure to Exhaust Administrative Remedies under IDEA and APA: Donahue v. Kansas Board of Education Introduction In Donahue v. Kansas Board of Education, the United...

Affirmation of State Jurisdiction Under the Ute Partition Act in Hackford v. Utah

Date: Sep 11, 2020

Affirmation of State Jurisdiction Under the Ute Partition Act in Hackford v. Utah Introduction Parties Involved: Plaintiff-Appellant: Richard Douglas Hackford Defendants-Appellees: The State of Utah;...

10th Circuit Restricts First Step Act Resentencing to Fair Sentencing Act Provisions, Excluding Subsequent Career Offender Evaluations

Date: Sep 10, 2020

10th Circuit Restricts First Step Act Resentencing to Fair Sentencing Act Provisions, Excluding Subsequent Career Offender Evaluations Introduction In the case of United States of America v. Dymond...