10th Circuit Case Commentaries

Mandatory Exhaustion of Administrative Remedies under PLRA Affirmed in Gray v. ODOC

Date: Jun 13, 2020

Mandatory Exhaustion of Administrative Remedies under PLRA Affirmed in Gray v. ODOC Introduction In the case of Frederick Rideout Gray, Jr. v. Patricia Sorrels et al., the United States Court of...

Admissibility of Prior DUI Convictions to Prove Malice Aforethought in Second-Degree Murder Cases

Date: Jun 11, 2020

Admissibility of Prior DUI Convictions to Prove Malice Aforethought in Second-Degree Murder Cases Introduction In the case of United States of America v. Timothy Amos Merritt, adjudicated by the...

Affirmation of Ripeness Requirements and Procedural Limits in 28 U.S.C. §2241 Habeas Corpus Petitions: Jones v. English

Date: Jun 10, 2020

Affirmation of Ripeness Requirements and Procedural Limits in 28 U.S.C. §2241 Habeas Corpus Petitions: Jones v. English Introduction Marcus DeAngelo Jones, also known as Marcus Deangelo Lee, is a...

Adherence to Limited Warranty Procedures Critical in Breach of Warranty Claims: Insights from Platts v. Winnebago Industries

Date: Jun 4, 2020

Adherence to Limited Warranty Procedures Critical in Breach of Warranty Claims: Insights from Platts v. Winnebago Industries Introduction The case of Deborah Ann Platt and Dallas Vaughn Platt v....

Reaffirmation of Strict Penalties for Abusive Tax Schemes under IRC § 6700: United States v. Rapower-3, LLC

Date: Jun 3, 2020

Reaffirmation of Strict Penalties for Abusive Tax Schemes under IRC § 6700: United States v. Rapower-3, LLC 1. Introduction The case of United States of America v. RaPower-3, LLC; International...

Defective Workmanship Exclusion Reinforced in Builders' Risk Insurance Policies

Date: Jun 3, 2020

Defective Workmanship Exclusion Reinforced in Builders' Risk Insurance Policies Introduction In the landmark case Rocky Mountain Prestress, LLC v. Liberty Mutual Fire Insurance Company, the United...

Tenth Circuit Affirms Felon in Possession Conviction Despite Plea Colloquy Error; Emphasizes Correct Sentencing Guidelines Application

Date: May 28, 2020

Tenth Circuit Affirms Felon in Possession Conviction Despite Plea Colloquy Error; Emphasizes Correct Sentencing Guidelines Application Introduction In the case of United States of America v. Frank...

Limiting Qualified Immunity in Unlawful Arrests: The Tenth Circuit's Affirmation in Corona v. Aguilar

Date: May 28, 2020

Limiting Qualified Immunity in Unlawful Arrests: The Tenth Circuit's Affirmation in Corona v. Aguilar Introduction The case of JORGE RAY CORONA v. OFFICER BRENT AGUILAR et al. (959 F.3d 1278)...

Enhanced Standards for Reasonable Suspicion and Motion to Suppress in Fourth and Fifth Amendment Contexts: United States v. Goebel

Date: May 27, 2020

Enhanced Standards for Reasonable Suspicion and Motion to Suppress in Fourth and Fifth Amendment Contexts: United States v. Goebel Introduction In the case of United States v. Jeffrey Goebel, 959...

Eleventh Amendment Immunity and County Officers: Insights from Crouse v. Dually (959 F.3d 1018)

Date: May 23, 2020

Eleventh Amendment Immunity and County Officers: Insights from Crouse v. Dually (959 F.3d 1018) Introduction Crouse v. Dually is a landmark decision by the United States Court of Appeals for the...

Strengthening First Amendment Protections: Tenth Circuit Rules Against Municipal Curfew on Commercial Door-to-Door Solicitation

Date: May 16, 2020

Strengthening First Amendment Protections: Tenth Circuit Rules Against Municipal Curfew on Commercial Door-to-Door Solicitation Introduction In the case of Aptive Environmental, LLC v. Town of Castle...

ERISA Preemption and Discretionary Review: Ellis v. Liberty Life Assurance

Date: May 14, 2020

ERISA Preemption and Discretionary Review: Ellis v. Liberty Life Assurance Introduction In the landmark case of Michael D. Ellis v. Liberty Life Assurance Company of Boston, the United States Court...

Affirmation of ATF's Classification of Bump Stocks as Machine Guns Under the NFA: Comprehensive Commentary

Date: May 8, 2020

Affirmation of ATF's Classification of Bump Stocks as Machine Guns Under the NFA: Comprehensive Commentary Introduction The case of W. Clark Aposhian v. William Barr, Attorney General of the United...

Federal Rules Supersede State Law on Costs Awards in Diversity Jurisdiction Cases

Date: May 5, 2020

Federal Rules Supersede State Law on Costs Awards in Diversity Jurisdiction Cases Introduction In Steven A. Stender; Infinity Clark Street Operating, LLC, on behalf of themselves and all others...

Tenth Circuit Limits Community Caretaking Exception in Fourth Amendment Searches

Date: May 2, 2020

Tenth Circuit Limits Community Caretaking Exception in Fourth Amendment Searches Introduction In the case of United States of America v. Jack Dewayne Neugin (958 F.3d 924), the United States Court of...

Kansas' DPOC Voter Registration Requirement Declared Unconstitutional and Preempted by NVRA

Date: Apr 30, 2020

Kansas' DPOC Voter Registration Requirement Declared Unconstitutional and Preempted by NVRA Introduction In the case of Fish et al. v. Schwab et al., multiple plaintiffs challenged a Kansas state law...

Affirmation of Attorneys' Fees Awards in Multi-Claim Federal-State Litigation

Date: Apr 23, 2020

Affirmation of Attorneys' Fees Awards in Multi-Claim Federal-State Litigation Introduction In the case of Snyder et al. v. Acord Corporation et al., the United States Court of Appeals for the Tenth...

Application and Implications of the Oklahoma Citizens Participation Act in Federal Court: Barnett v. Hall et al.

Date: Apr 21, 2020

Application and Implications of the Oklahoma Citizens Participation Act in Federal Court: Barnett v. Hall et al. Introduction The case of Christopher Barnett v. Hall, Estill, Hardwick, Gable, Golden...

Tenth Circuit Upholds ACCA Violent Felony Classification for New Mexico Robbery Conviction Post-Garcia and Stokeling

Date: Apr 18, 2020

Tenth Circuit Upholds ACCA Violent Felony Classification for New Mexico Robbery Conviction Post-Garcia and Stokeling Introduction In the case of United States of America v. Archie Manzanares, 956...

Jurisdictional Bar on Compassionate Release: United States v. Read-Forbes

Date: Apr 17, 2020

Jurisdictional Bar on Compassionate Release: United States v. Read-Forbes Introduction United States v. Mendy Read-Forbes, 454 F. Supp. 3d 1113 (D. Kan. 2020), addresses the critical issue of...