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  • Commentaries
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10th Circuit Case Commentaries

Incoherent “Retaliation vs. Social-Group” Nexus Findings Require Vacatur and Full Remand in Asylum Appeals

Incoherent “Retaliation vs. Social-Group” Nexus Findings Require Vacatur and Full Remand in Asylum Appeals

Date: Apr 16, 2026
Incoherent “Retaliation vs. Social-Group” Nexus Findings Require Vacatur and Full Remand in Asylum Appeals 1. Introduction In Jiron-De Lopez v. Blanche (10th Cir. Apr. 13, 2026), the Tenth Circuit...
“Double Deference” and Trial Strategy Defeat a COA on Strickland Claims Under § 2254(d): Commentary on Wyban v. Stancil

“Double Deference” and Trial Strategy Defeat a COA on Strickland Claims Under § 2254(d): Commentary on Wyban v. Stancil

Date: Apr 16, 2026
“Double Deference” and Trial Strategy Defeat a COA on Strickland Claims Under § 2254(d): Commentary on Wyban v. Stancil Court: United States Court of Appeals for the Tenth Circuit Date: April 10,...
United States v. Sewall: “Intent to Defraud” Encompasses Cheating One Person by Deceiving Another; No Separate Good-Faith Instruction Required When Specific-Intent Instruction Is Given

United States v. Sewall: “Intent to Defraud” Encompasses Cheating One Person by Deceiving Another; No Separate Good-Faith Instruction Required When Specific-Intent Instruction Is Given

Date: Apr 16, 2026
United States v. Sewall: “Intent to Defraud” Encompasses Cheating One Person by Deceiving Another; No Separate Good-Faith Instruction Required When Specific-Intent Instruction Is Given I....
Mandatory Colorado § 13-17-201 Fees for State-Law Tort Claims Dismissed Under Rule 12(b)(6), With No “Fees-on-Fees” on Appeal Absent Substantial Frivolity

Mandatory Colorado § 13-17-201 Fees for State-Law Tort Claims Dismissed Under Rule 12(b)(6), With No “Fees-on-Fees” on Appeal Absent Substantial Frivolity

Date: Apr 16, 2026
Mandatory Colorado § 13-17-201 Fees for State-Law Tort Claims Dismissed Under Rule 12(b)(6), With No “Fees-on-Fees” on Appeal Absent Substantial Frivolity 1. Introduction In Weidner v. Doe (10th Cir....
Prudential Mootness in Preliminary-Injunction Appeals: Voluntary Policy Changes Moot Requested Relief Unless Movant Shows a Cognizable Danger of Recurrence

Prudential Mootness in Preliminary-Injunction Appeals: Voluntary Policy Changes Moot Requested Relief Unless Movant Shows a Cognizable Danger of Recurrence

Date: Apr 16, 2026
Prudential Mootness in Preliminary-Injunction Appeals: Voluntary Policy Changes Moot Requested Relief Unless Movant Shows a Cognizable Danger of Recurrence Case: Ulusemre v. Blue Valley Board of...
Consent to “Go In” to Search for a Person Can Encompass Roof Access, Supporting Plain-View Seizure; New Appellate Arguments on Consent Duration Are Waived

Consent to “Go In” to Search for a Person Can Encompass Roof Access, Supporting Plain-View Seizure; New Appellate Arguments on Consent Duration Are Waived

Date: Apr 10, 2026
Consent to “Go In” to Search for a Person Can Encompass Roof Access, Supporting Plain-View Seizure; New Appellate Arguments on Consent Duration Are Waived I. Introduction United States v. Coronado...
Mukhtar v. Lambrecht: Mootness in APA/Mandamus Immigration Suits Once USCIS Reopens and Issues a New Decision (and the Plaintiff Does Not Amend)

Mukhtar v. Lambrecht: Mootness in APA/Mandamus Immigration Suits Once USCIS Reopens and Issues a New Decision (and the Plaintiff Does Not Amend)

Date: Apr 10, 2026
Mukhtar v. Lambrecht: Mootness in APA/Mandamus Immigration Suits Once USCIS Reopens and Issues a New Decision (and the Plaintiff Does Not Amend) 1. Introduction In Mukhtar v. Lambrecht (10th Cir....
Law of the Case Treats Prior Appellate Footnote as Binding Rejection of a Bruen Challenge, Including to § 922(g)(1) Ammunition-Only Prosecutions

Law of the Case Treats Prior Appellate Footnote as Binding Rejection of a Bruen Challenge, Including to § 922(g)(1) Ammunition-Only Prosecutions

Date: Apr 10, 2026
Law of the Case Treats Prior Appellate Footnote as Binding Rejection of a Bruen Challenge, Including to § 922(g)(1) Ammunition-Only Prosecutions I. Introduction United States v. Swan (Tenth Circuit,...
Savage v. Dobbertin: Notice-of-Appeal Limits Appellate Jurisdiction; De Minimis Injury/Individualized Causation Defeat Detainee Excessive-Force Claims; Prisoner Must Provide Service Addresses

Savage v. Dobbertin: Notice-of-Appeal Limits Appellate Jurisdiction; De Minimis Injury/Individualized Causation Defeat Detainee Excessive-Force Claims; Prisoner Must Provide Service Addresses

Date: Apr 9, 2026
Notice-of-Appeal Limits Appellate Jurisdiction; De Minimis Injury/Individualized Causation Defeat Detainee Excessive-Force Claims; Prisoner Must Provide Service Addresses Introduction Savage v....
Tenth Circuit: Sua Sponte Rule 4(b) Dismissal of Untimely Criminal Appeal and Mootness/Nonfinality of Castro Recharacterization Notices

Tenth Circuit: Sua Sponte Rule 4(b) Dismissal of Untimely Criminal Appeal and Mootness/Nonfinality of Castro Recharacterization Notices

Date: Apr 9, 2026
Tenth Circuit: Sua Sponte Rule 4(b) Dismissal of Untimely Criminal Appeal and Mootness/Nonfinality of Castro Recharacterization Notices Introduction In United States v. Jacobo (10th Cir. Apr. 7,...
Savage v. Dobbertin: De Minimis Injury and Defendant-Specific Causation as Gatekeepers for Pretrial Detainee Excessive-Force Claims; Strict Enforcement of Notice-of-Appeal and Rule 4(m) Service Duties

Savage v. Dobbertin: De Minimis Injury and Defendant-Specific Causation as Gatekeepers for Pretrial Detainee Excessive-Force Claims; Strict Enforcement of Notice-of-Appeal and Rule 4(m) Service Duties

Date: Apr 9, 2026
Savage v. Dobbertin: De Minimis Injury and Defendant-Specific Causation as Gatekeepers for Pretrial Detainee Excessive-Force Claims; Strict Enforcement of Notice-of-Appeal and Rule 4(m) Service...
United States v. Jacobo (10th Cir. Apr. 7, 2026) — Commentary

United States v. Jacobo (10th Cir. Apr. 7, 2026) — Commentary

Date: Apr 9, 2026
Sua Sponte Enforcement of Criminal Appeal Deadlines and Non-Appealability of § 2255 Recharacterization Notices After Withdrawal Introduction United States v. Jacobo (Nos. 25-5115 & 25-5121) is a...
United States v. Glaze: Minimal-but-Adequate Revocation Sentencing Explanations Satisfy § 3553(a) Under Plain-Error Review

United States v. Glaze: Minimal-but-Adequate Revocation Sentencing Explanations Satisfy § 3553(a) Under Plain-Error Review

Date: Apr 9, 2026
United States v. Glaze: Minimal-but-Adequate Revocation Sentencing Explanations Satisfy § 3553(a) Under Plain-Error Review 1. Introduction In United States v. Glaze (10th Cir. Apr. 7, 2026)...
SMCRA §§ 1270 & 1276: Stream-Rule Notice and NEPA Comments Do Not Preserve Enforcement or Permit-Review Claims Without Statutory Notice and Permit-Process Participation

SMCRA §§ 1270 & 1276: Stream-Rule Notice and NEPA Comments Do Not Preserve Enforcement or Permit-Review Claims Without Statutory Notice and Permit-Process Participation

Date: Apr 9, 2026
SMCRA §§ 1270 & 1276: Stream-Rule Notice and NEPA Comments Do Not Preserve Enforcement or Permit-Review Claims Without Statutory Notice and Permit-Process Participation Case: Citizens for...
COA Denial When Appellant Does Not Debatably Challenge AEDPA Timeliness; District Court May Rule Without Awaiting Further Magistrate Review

COA Denial When Appellant Does Not Debatably Challenge AEDPA Timeliness; District Court May Rule Without Awaiting Further Magistrate Review

Date: Apr 9, 2026
COA Denial When Appellant Does Not Debatably Challenge AEDPA Timeliness; District Court May Rule Without Awaiting Further Magistrate Review Case: Dominguez v. Rios, No. 25-2137 (10th Cir. Apr. 7,...
Title VII Retaliation Causation Requires Knowledge: Decisionmaker or Cat’s Paw Actor Must Know of Protected Activity; Pretext Alone Cannot Supply the Missing Link

Title VII Retaliation Causation Requires Knowledge: Decisionmaker or Cat’s Paw Actor Must Know of Protected Activity; Pretext Alone Cannot Supply the Missing Link

Date: Apr 9, 2026
Title VII Retaliation Causation Requires Knowledge: Decisionmaker or Cat’s Paw Actor Must Know of Protected Activity; Pretext Alone Cannot Supply the Missing Link Case: Dominguez v. Weiser Security...
Waiver of the “Unable or Unwilling to Control” Element in Tenth Circuit Asylum Petitions for Review

Waiver of the “Unable or Unwilling to Control” Element in Tenth Circuit Asylum Petitions for Review

Date: Apr 9, 2026
Waiver of the “Unable or Unwilling to Control” Element in Tenth Circuit Asylum Petitions for Review 1. Introduction Lopez-Martinez v. Blanche (10th Cir. Apr. 7, 2026) addresses a recurring appellate...
Savage v. Dobbertin: Notice of Appeal Limits Appellate Jurisdiction; De Minimis Injury and Defendant-Specific Causation Defeat Detainee Excessive-Force Claims; IFP Prisoner Must Provide Service Addresses

Savage v. Dobbertin: Notice of Appeal Limits Appellate Jurisdiction; De Minimis Injury and Defendant-Specific Causation Defeat Detainee Excessive-Force Claims; IFP Prisoner Must Provide Service Addresses

Date: Apr 9, 2026
Savage v. Dobbertin: Notice of Appeal Limits Appellate Jurisdiction; De Minimis Injury and Defendant-Specific Causation Defeat Detainee Excessive-Force Claims; IFP Prisoner Must Provide Service...
United States v. Jackson — Lawful-Possession Standing and Escalation from Reasonable Suspicion to Automobile-Exception Probable Cause

United States v. Jackson — Lawful-Possession Standing and Escalation from Reasonable Suspicion to Automobile-Exception Probable Cause

Date: Apr 9, 2026
United States v. Jackson — Lawful-Possession Standing and Escalation from Reasonable Suspicion to Automobile-Exception Probable Cause Tenth Circuit (Apr. 7, 2026) (nonprecedential “Order and...
Tenth Circuit: Sua Sponte Enforcement of FRAP 4(b) and Mootness/Finality Limits on Appeals from Rule 33–to–§ 2255 Recharacterization Notices

Tenth Circuit: Sua Sponte Enforcement of FRAP 4(b) and Mootness/Finality Limits on Appeals from Rule 33–to–§ 2255 Recharacterization Notices

Date: Apr 8, 2026
Tenth Circuit: Sua Sponte Enforcement of FRAP 4(b) and Mootness/Finality Limits on Appeals from Rule 33–to–§ 2255 Recharacterization Notices Case: United States v. Jacobo (Nos. 25-5115 & 25-5121) |...
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