10th Circuit Case Commentaries

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments

Date: Dec 19, 2007

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments Introduction The case of UNITED STATES of America v. Gary Dewayne McCOMB, Jr. (519 F.3d 1049) adjudicated by the...

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO

Date: Dec 18, 2007

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO Introduction The case of Da v. d Earl SHERO (510 F.3d 1196) adjudicated by the United States...

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government

Date: Dec 15, 2007

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government Introduction The case of Robert Lindstrom v. United States of America (510 F.3d 1191) presents a...

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue

Date: Dec 13, 2007

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue Introduction The case of Diana Crandall Frantz v. Michael J. Astrue, Commissioner of Social...

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera

Date: Dec 12, 2007

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera Introduction Libertarian Party of New Mexico; Siebert Ickler; Michael...

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights

Date: Dec 11, 2007

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights Introduction In Casey v. City of Federal Heights, Edward Casey challenged the actions of law enforcement officers following...

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue

Date: Dec 8, 2007

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue Introduction The case of Dee Oldham v. Michael J. Astrue, Commissioner of Social Security, decided...

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America

Date: Dec 1, 2007

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America Introduction Lynn Jewell v. Life Insurance Company of North America, 508 F.3d...

Steadfast Insurance Co. v. Grand River Dam Authority: Eleventh Amendment Immunity for State Agencies Confirmed

Date: Nov 21, 2007

Steadfast Insurance Co. v. Grand River Dam Authority: Eleventh Amendment Immunity for State Agencies Confirmed Introduction In the case of Steadfast Insurance Company v. Grand River Dam Authority,...

Dismissal of Frivolous Appeals Under 42 U.S.C § 1983: Insights from Mar v. Davis

Date: Nov 20, 2007

Dismissal of Frivolous Appeals Under 42 U.S.C § 1983: Insights from Mar v. Davis Introduction The case of Marvin B. Davis, Jr. v. Kansas Department of Corrections, heard by the United States Court of...

Affirmation of Felonious Firearm Possession Conviction: United States v. Hanrahan

Date: Nov 14, 2007

Affirmation of Felonious Firearm Possession Conviction: United States v. Hanrahan Introduction The case of United States of America v. Robert Michael Hanrahan, reported at 508 F.3d 962, addresses...

Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño

Date: Nov 7, 2007

Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño Introduction In United States v. Garduño, 506 F.3d 1287 (10th Cir. 2007), the United States...

Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al.

Date: Oct 31, 2007

Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al. Introduction In the case of Bobby R. Bruner, Plaintiff-Appellant, v. Vernon Baker; Johnnie Ford; Mary Hanson; Kim Ashley,...

Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58

Date: Oct 31, 2007

Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58 Introduction The case Kirk Warren v. American Bankers Insurance of Florida (507 F.3d 1239) adjudicated by the...

Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA

Date: Oct 31, 2007

Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA Introduction Cummings v. Simmons, 506 F.3d 1211 (10th Cir....

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10th Circuit Case Commentaries

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America

Steadfast Insurance Co. v. Grand River Dam Authority: Eleventh Amendment Immunity for State Agencies Confirmed

Dismissal of Frivolous Appeals Under 42 U.S.C § 1983: Insights from Mar v. Davis

Affirmation of Felonious Firearm Possession Conviction: United States v. Hanrahan

Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño

Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al.

Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58

Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA

Certification of Wrongful Death Cause of Action for Nonviable Stillborn Fetuses: Tenth Circuit Decision

Affirmation of MVRA's Scope to Include Future Lost Income for Deceased Victims: Redd Rock Serawop v. United States

Ensuring Comprehensive Evaluation of Mental Impairments in SSI Determinations: Givens v. Astrue

Interpretation of Enhanced PIP Coverage Requirements under Colorado CAARA: Tenth Circuit Affirms Compliance

Asch v. Commissioner of Social Security: Enhancing the Evaluation of Residual Functional Capacity in Disability Claims