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United States Tenth Circuit - June 2001 Opinion Summaries

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Description Date Docket #

US v. CERNOBYL

United States Tenth Circuit
Criminal Law & Procedure
21 USC 841 is not facially unconstitutional in light of Apprendi v. New Jersey, 120 S.Ct. 2348 (2000), despite the preponderance of the evidence...
06/29/2001 00-7033

US v. RIGGANS

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Under the Sentencing Guidelines, bank larceny may be a crime of violence because it can present a serious potential risk of physical injury to others.
06/28/2001 00-3188

JOHNSON v. GIBSON

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
Voir dire question of whether prospective jurors could "recommend" a death sentence does not improperly diminish the jury's sense of responsibility...
06/27/2001 00-7008

DANIELS v. US

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
The new AEDPA's substantive standards work no impermissibly retroactive effect on the habeas petition of a prisoner who can meet the pre-AEDPA...
06/25/2001 00-6298

PRAIRIE BAND OF POTAWATOMI INDIANS v. PIERCE

United States Tenth Circuit
Civil Procedure, Indian Law
There may be instances where Indian tribe sovereignty extends beyond the boundaries of the reservation, and the supremacy of motor vehicle laws with...
06/25/2001 99-3324

GARRETT v. STRATMAN

United States Tenth Circuit
Civil Procedure, Civil Rights
Civil rights defendant seeking qualified immunity who loses a discovery motion may not immediately appeal the decision where discovery seeks to...
06/20/2001 00-1028

TONKOVICH v. KANSAS BD. OF REGENTS

United States Tenth Circuit
Civil Procedure, Civil Rights
Under 28 USC 1367(c), a court may dismiss supplemental state law claims that are closely related to the federal claims that it has already dismissed.
06/20/2001 00-3136

BOWEN v. AMOCO PIPELINE CO.

United States Tenth Circuit
Dispute Resolution & Arbitration
An arbitration clause providing for district court review that is "final and binding" does not divest appellate court review of the district court...
06/20/2001 00-7039

ROE #2 v. OGDEN

United States Tenth Circuit
Civil Procedure, Civil Rights, Ethics & Professional Responsibility
Law school graduate who was sitting for state bar examination has standing to challenge state bar application requiring disclosure of past treatment...
06/19/2001 00-1302

US v. WILLIE

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Sentence enhancements in rape case for both the young age of the victim and the use of force do not constitute punishing defendant for the same...
06/19/2001 00-2186

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