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  • Commentaries
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10th Circuit Case Commentaries

10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act

10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act

Date: Oct 20, 2009
10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act Introduction In the case of Dustin J. Merryfield v. Don Jordan et al., the United States...
State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary

State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary

Date: Oct 20, 2009
State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary Introduction The case of George Milam Hall v. Douglas P. Witteman (584 F.3d 859, Tenth Circuit, 2009) presents...
10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims

10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims

Date: Oct 20, 2009
10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims Introduction In the landmark case of Robert Fisher and Mary Fisher v. The City of Las Cruces, the United States...
Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary

Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary

Date: Oct 17, 2009
Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary Introduction Cole v. Zavaris (349 F. App'x 328) is a pivotal case adjudicated by the United States Court of...
United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches

United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches

Date: Oct 14, 2009
United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches Introduction In the landmark case United States v. Isaac Woods, III, the United States Court of Appeals...
Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons

Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons

Date: Sep 29, 2009
Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons Introduction In the landmark case of Robert Dale Straley v. Utah Board of Pardons, adjudicated by the...
Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell

Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell

Date: Sep 23, 2009
Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell Introduction In United States v. Wendel R. Wardell, Jr., the United...
Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach

Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach

Date: Sep 22, 2009
Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach Introduction United States of America v. Manuel A. Roach is a seminal case adjudicated by the United...
Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS v. Sappington & Emmer

Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS v. Sappington & Emmer

Date: Sep 22, 2009
Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS, LP v. Sappington & Emmer Introduction The case of SOUTHWEST STAINLESS, LP v. John R. Sappington; William...
Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis

Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis

Date: Sep 16, 2009
Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis Introduction Donald Ray Wackerly, II, the petitioner-appellant, was convicted of first-degree murder...
Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880

Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880

Date: Sep 12, 2009
Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880 Introduction In the appellate case Schoenbrun v. UFCW Local 880-Retail...
Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance

Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance

Date: Sep 10, 2009
Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance Introduction In the case of R. Greg Cory v. Allstate Insurance, heard by the United States Court...
Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception

Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception

Date: Sep 5, 2009
Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception Introduction In the case of Bob Coffey et al. v. Freeport McMoRan Copper Gold et al., the United States Court of...
Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County

Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County

Date: Sep 1, 2009
Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County Introduction The case of Frank J. Nielander v. The Board of...
Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit

Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit

Date: Sep 1, 2009
Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit Introduction Richard Fairchild, the petitioner-appellant, currently on...
Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II

Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II

Date: Aug 28, 2009
Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II Introduction The cases of Michael Lee Wilson and Donald Wackerly II represent pivotal moments in the...
Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences

Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences

Date: Aug 27, 2009
Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences Introduction In the case of Jerry Lee Mays v. Walter N. Dinwiddie, decided by the United States...
Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States

Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States

Date: Aug 26, 2009
Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States Introduction The case of United States of America v. Norman A. Parada (577 F.3d 1275)...
NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements

NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements

Date: Aug 26, 2009
NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements Introduction The case of North American Specialty...
Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation

Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation

Date: Aug 25, 2009
Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation Introduction In Wagoner County Rural Water District No. 2 et al. v. Grand River Dam...
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