10th Circuit Case Commentaries

Expanded Duty of Defense Counsel in Pursuing Pretrial Intellectual Disability Hearings in Capital Cases

Date: Oct 29, 2019

Expanded Duty of Defense Counsel in Pursuing Pretrial Intellectual Disability Hearings in Capital Cases Introduction In the landmark case of Jimmy Dean Harris v. Tommy Sharp, adjudicated by the...

Reversing Summary Judgment in ADA and Title VII Claims: Mestas v. Town of Evansville

Date: Sep 7, 2019

Reversing Summary Judgment in ADA and Title VII Claims: Mestas v. Town of Evansville Introduction In the case of Roy Mestas, Plaintiff-Appellant v. Town of Evansville, Wyoming, Defendant-Appellee,...

Retroactive Application of Davis: Revisiting §924(c) Crimes of Violence in United States v. Bowen

Date: Sep 4, 2019

Retroactive Application of Davis: Revisiting §924(c) Crimes of Violence in United States v. Bowen Introduction In the landmark case United States of America v. Aaron Bowen, 936 F.3d 1091 (10th Cir....

Qualified Immunity Reinforced in First Amendment Retaliation Case: Singh v. Emporia State University

Date: Aug 29, 2019

Qualified Immunity Reinforced in First Amendment Retaliation Case: Singh v. Emporia State University Introduction In the landmark case of Singh v. Emporia State University, the United States Court of...

Likelihood of Confusion Revisited: Tenth Circuit Sets New Precedent in Affliction Holdings v. Utah Vap Or Smoke

Date: Aug 28, 2019

Likelihood of Confusion Revisited: Tenth Circuit Sets New Precedent in Affliction Holdings v. Utah Vap Or Smoke Introduction The case of Affliction Holdings, LLC v. Utah Vap or Smoke, LLC represents...

Smith v. Sharp: Establishing Rigorous Standards for Intellectual Disability in Capital Sentencing

Date: Aug 27, 2019

Smith v. Sharp: Establishing Rigorous Standards for Intellectual Disability in Capital Sentencing Introduction Smith v. Sharp, 935 F.3d 1064 (10th Cir. 2019), is a landmark judicial decision...

Affirmation of Dismissal: No Private Right of Action Under the FTC Act and Limitations of the Lanham Act for Consumers

Date: Aug 23, 2019

Affirmation of Dismissal: No Private Right of Action Under the FTC Act and Limitations of the Lanham Act for Consumers Introduction The case of Eric Drake v. Sometime Spouse, LLC was adjudicated in...

Tenth Circuit Clarifies Setoff Application in §1983 Supervisory Liability Cases

Date: Aug 21, 2019

Tenth Circuit Clarifies Setoff Application in §1983 Supervisory Liability Cases Introduction The case of Robbie Emery Burke, as the Special Administratrix of the estate of Elliott Earl Williams,...

Affirmation of SEC Sanctions for Non-Disclosure of Conflict of Interest and Violations of Securities Laws

Date: Aug 14, 2019

Affirmation of SEC Sanctions for Non-Disclosure of Conflict of Interest and Violations of Securities Laws Introduction In the case of Dennis J. Malouf v. Securities and Exchange Commission (933 F.3d...

Affirmation of Rule 12(b)(6) Dismissal in Waller v. City and County of Denver: Municipal Liability Requires Plausible Policy or Custom

Date: Aug 6, 2019

Affirmation of Rule 12(b)(6) Dismissal in Waller v. City and County of Denver: Municipal Liability Requires Plausible Policy or Custom Introduction In the case of Anthony Waller v. City and County of...

Inadequate Waiver of Counsel: Tenth Circuit Reverses District Court in United States v. Hansen

Date: Jul 16, 2019

Inadequate Waiver of Counsel: Tenth Circuit Reverses District Court in United States v. Hansen Introduction In the case of United States of America v. Louis Delynn Hansen, 929 F.3d 1238 (10th Cir....

Affirming PLRA Exhaustion Requirement in Bivens Claims: Insights from May v. Segovia

Date: Jul 13, 2019

Affirming PLRA Exhaustion Requirement in Bivens Claims: Insights from May v. Segovia Introduction Billy F. May v. Juan Segovia (929 F.3d 1223) is a significant appellate decision issued by the United...

10th Circuit Affirms Denial of Qualified Immunity in Clear Fourteenth Amendment Violation by Law Enforcement

Date: Jul 3, 2019

10th Circuit Affirms Denial of Qualified Immunity in Clear Fourteenth Amendment Violation by Law Enforcement Introduction In the appellate case Christopher Colbruno v. William Kessler et al., the...

Tenth Circuit Affirms Dismissal of Frivolous Appeal Under Anders Procedure in Federal Marijuana and Firearm Case

Date: Jun 25, 2019

Tenth Circuit Affirms Dismissal of Frivolous Appeal Under Anders Procedure in Federal Marijuana and Firearm Case Introduction In the case of United States of America v. Stormy Bob Griffith, the...

Enforcement of Administrative Subpoenas: Affirmation of SEC's Authority in HARKINS & WHITE v. HARMAN WRIGHT GROUP, LLC

Date: Jun 15, 2019

Enforcement of Administrative Subpoenas: Affirmation of SEC's Authority in HARKINS & WHITE v. HARMAN WRIGHT GROUP, LLC Introduction The case of SECURITIES AND EXCHANGE COMMISSION v. HARMAN WRIGHT...

Affirmation of Reasonable Codefendant Delays Under the Speedy Trial Act in Conspiracy Cases

Date: Jun 13, 2019

Affirmation of Reasonable Codefendant Delays Under the Speedy Trial Act in Conspiracy Cases Introduction The case of United States of America v. Marco Antonio Cortes-Gomez, adjudicated by the United...

Nelson v. City of Albuquerque: Clarifying the Scope of Rule 59(e) Motions in Post-Judgment Amendments

Date: Jun 13, 2019

Nelson v. City of Albuquerque: Clarifying the Scope of Rule 59(e) Motions in Post-Judgment Amendments Introduction Nelson v. City of Albuquerque, 925 F.3d 1187 (10th Cir. 2019), is a pivotal case...

Rooker-Feldman Doctrine Affirmed in Velasquez v. State of Utah

Date: Jun 12, 2019

Rooker-Feldman Doctrine Affirmed in Velasquez v. State of Utah Introduction The case of Carlos Velasquez v. State of Utah presents a pivotal examination of the Rooker-Feldman doctrine within the...

Bush v. Carpenter: The Role of Victim Impact Statements and Harmless Error in Capital Sentencing

Date: Jun 11, 2019

Bush v. Carpenter: The Role of Victim Impact Statements and Harmless Error in Capital Sentencing Introduction Bush v. Carpenter, 926 F.3d 644 (10th Cir. 2019), is a significant appellate decision...

Judicial Commentary on UNITED STATES v. Bobby Willis: Balancing Compassionate Release and Public Safety

Date: Jun 8, 2019

Balancing Compassionate Release and Public Safety: Insights from UNITED STATES v. Bobby Willis Introduction The case of UNITED STATES OF AMERICA v. Bobby Willis, adjudicated in the United States...