10th Circuit Case Commentaries

Substantial Evidence and Credibility Findings Validated in Tenth Circuit Disability Benefits Appeal

Date: Jul 23, 2020

Substantial Evidence and Credibility Findings Validated in Tenth Circuit Disability Benefits Appeal Introduction In Elsie Trujillo v. Commissioner, SSA, the United States Court of Appeals for the...

Affirmation of Title VII Sex-Plus-Age Discrimination Claims: Expanding Intersectional Protections

Date: Jul 22, 2020

Affirmation of Title VII Sex-Plus-Age Discrimination Claims: Expanding Intersectional Protections Introduction The case of Christine Frappied et al. v. Affinity Gaming Black Hawk, LLC adjudicated by...

Refining the 'Useful Article' Exception: Comprehensive Commentary on Zahourek Systems, Inc. v. Balanced Body University

Date: Jul 22, 2020

Refining the 'Useful Article' Exception: Comprehensive Commentary on Zahourek Systems, Inc. v. Balanced Body University Introduction The case of Zahourek Systems, Inc.; Jon Zahourek v. Balanced Body...

Deliberate Indifference in Juvenile Detention: Contreras v. Doña Ana County Establishes Tight Bounds on Qualified Immunity

Date: Jul 21, 2020

Deliberate Indifference in Juvenile Detention: Contreras v. Doña Ana County Establishes Tight Bounds on Qualified Immunity 1. Introduction Case: Kathy Contreras, on behalf of her minor child A.L.,...

10th Circuit Reiterates High Threshold for Franks Hearings: Insights from U.S. v. Moses

Date: Jul 21, 2020

10th Circuit Reiterates High Threshold for Franks Hearings: Insights from U.S. v. Jimmie Daryl Moses Introduction United States of America v. Jimmie Daryl Moses, 965 F.3d 1106 (10th Cir. 2020), is a...

Reinforcing Exhaustion Requirements for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A): United States v. Springer

Date: Jul 16, 2020

Reinforcing Exhaustion Requirements for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A): United States v. Springer Introduction United States of America v. Lindsey Kent Springer is a pivotal...

Affirmation of Reasonable Suspicion in Traffic Stops Near Border Areas

Date: Jul 15, 2020

Affirmation of Reasonable Suspicion in Traffic Stops Near Border Areas Introduction In the case of United States of America v. Raquel Cortez and Josefina Reyes-Moreno, the United States Court of...

Involuntary Confessions and Coercive Police Conduct: Tenth Circuit's Ruling in United States v. Young

Date: Jul 8, 2020

Involuntary Confessions and Coercive Police Conduct: Tenth Circuit's Ruling in United States v. Young Introduction United States v. Shane Thomas Young is a landmark case adjudicated by the United...

Qualified Immunity Upholds Police Omission of Exculpatory Evidence in Kapinski v. City of Albuquerque

Date: Jul 7, 2020

Qualified Immunity Upholds Police Omission of Exculpatory Evidence in Kapinski v. City of Albuquerque Introduction Kapinski v. City of Albuquerque is a pivotal case decided by the United States Court...

United States v. Cantu: Tenth Circuit Clarifies ACCA Enhancements for State Drug Offenses

Date: Jul 7, 2020

United States v. Cantu: Tenth Circuit Clarifies ACCA Enhancements for State Drug Offenses Introduction United States v. Francisco Cantu, Jr., 964 F.3d 924 (10th Cir. 2020), is a seminal case...

Time-Barred Habeas Petition and Limitations on Equitable Tolling: Aragon v. Williams Analysis

Date: Jun 26, 2020

Time-Barred Habeas Petition and Limitations on Equitable Tolling: Aragon v. Williams Analysis Introduction The case of Ruben Aragon v. Dean Williams addresses critical issues surrounding the...

Garcia v. Commissioner: Affirmation of Disability Claim Denial Based on Substantial Evidence and Vocational Analysis

Date: Jun 25, 2020

Garcia v. Commissioner: Affirmation of Disability Claim Denial Based on Substantial Evidence and Vocational Analysis Introduction In Leonard R. Garcia v. Commissioner, SSA, the United States Court of...

Resentencing in United States v. Peña: Navigating Post-Johnson ACCA Adjustments – Tenth Circuit Affirms

Date: Jun 25, 2020

Resentencing in United States v. Peña: Navigating Post-Johnson ACCA Adjustments – Tenth Circuit Affirms Introduction In United States of America v. Tommy Peña, 963 F.3d 1016 (10th Cir. 2020), the...

Affirmation of Sovereign Immunity and Procedural Norms in Student Loan Litigation: Hoffmeister v. United Student Aid Funds, Inc.

Date: Jun 24, 2020

Affirmation of Sovereign Immunity and Procedural Norms in Student Loan Litigation: Hoffmeister v. United Student Aid Funds, Inc. Introduction In the case of Coleen C. Hoffmeister v. United Student...

Admissibility of Expert Testimony and Rule 404(b) Evidence in Criminal Convictions: Insights from United States v. Cristerna-Gonzalez

Date: Jun 24, 2020

Admissibility of Expert Testimony and Rule 404(b) Evidence in Criminal Convictions: Insights from United States v. Cristerna-Gonzalez Introduction In the landmark case of United States of America v....

Tenth Circuit Affirms Denial of Qualified Immunity and Sovereign Immunity in Correctional Negligence Claims under the Colorado Governmental Immunity Act

Date: Jun 24, 2020

Tenth Circuit Affirms Denial of Qualified Immunity and Sovereign Immunity in Correctional Negligence Claims under the Colorado Governmental Immunity Act Introduction In the case of Gordon G. Sawyers...

Direct Municipal Liability for Indiscriminate Body-Cavity Strip Searches Under the Fourth Amendment: Hinkle v. Beckham County

Date: Jun 23, 2020

Direct Municipal Liability for Indiscriminate Body-Cavity Strip Searches Under the Fourth Amendment: Hinkle v. Beckham County Introduction In Hinkle v. Beckham County, the United States Court of...

Employment Discrimination and Retaliation: Mann, Moye, and McGee v. XPO Logistics Freight, Inc.

Date: Jun 20, 2020

Employment Discrimination and Retaliation: Mann, Moye, and McGee v. XPO Logistics Freight, Inc. Introduction In the case of Anthony Craig Mann; Dana Moye; Katina McGee, Plaintiffs-Appellants v. XPO...

Exhaustion of State Remedies Required for Habeas Corpus—Parkhurst v. Pacheco

Date: Jun 19, 2020

Exhaustion of State Remedies Required for Habeas Corpus—Parkhurst v. Pacheco Introduction In Parkhurst v. Pacheco, the United States Court of Appeals for the Tenth Circuit addressed the procedural...

Tenth Circuit Establishes Mandatory Issue Exhaustion for Appointments Clause Claims in Social Security Disability Proceedings

Date: Jun 16, 2020

Tenth Circuit Establishes Mandatory Issue Exhaustion for Appointments Clause Claims in Social Security Disability Proceedings Introduction The case of Willie Earl Carr and Kim L. Minor v....