United States Tenth Circuit - December 2000 Opinion Summaries

IN RE: LANDLOCKED

Civil Procedure, Criminal Law & Procedure
Colorado Organized Crime Control Act (COCCA), Colo. Rev. Stat. 18-17-101 to -109, does not prohibit a federal court from staying its proceedings while...

US v. $30,006.25

Civil Procedure, Asset Forfeiture
The "no interest rule" prohibits the government from paying prejudgment interest for unsuccessful attempts to forfeit currency and other property...

US v. MAYNARD

Criminal Law & Procedure, Evidence
Immediate remedial instruction from trial judge will sufficiently remedy prejudice from prosecutor's improper insinuation on direct examination of...

COLORADO RIGHT TO LIFE COMMITTEE v. DAVIDSON

Constitutional Law, Elections
Provisions 1-45-103(7), (10)(a), and (11) of Colorado's Fair Campaign Practices Act, limiting independent expenditures in elections by "political...

US v. SMITH

Criminal Law & Procedure
Court may apply two-level sentence enhancement under USSG 2D1.1 for defendant's possession of a firearm sentence for possession with intent to...

SCULL v STATE OF NEW MEXICO

Civil Rights
State officials and defendants were immune from claims under 42 USC 1983 alleging that plaintiff was unlawfully detained for thirty days without...

US v. DORRIS

Constitutional Law, Criminal Law & Procedure
Felon in possession of a firearm statute, 18 USC 922(g)(1), is not beyond Congressional authority under the Commerce Clause.

HARLAN v. APFEL

Government Benefits
Denial of disability and SSI benefits supported by substantial evidence where claimant alleged post traumatic stress disorder, stomach problems and...

BHD. OF MAINTENANCE OF WAY EMPLOYEES v. UNION PACIFIC RY. CO.

Civil Procedure, Labor & Employment Law
Court lacks subject matter jurisdiction where union's dispute can be resolved by application and interpretation of the existing collective bargaining...

US v. AL-BATAINEH

Criminal Law & Procedure
Defendant's assertion he was not actually aware that pseudoephedrine would be used to manufacture illegal drugs in violation of 18 USC 841(d)(2) is...