United States Tenth Circuit - August 2001 Opinion Summaries

US v. POMPEY

Criminal Law & Procedure
21 USC 860(a), a section of the Drug Free School Zones Act that doubles the maximum penalty for drug trafficking within one thousand feet of a school,...

US v. ELLIOTT

Criminal Law & Procedure
A defendant may waive his right to direct appeal of a conviction, including the argument that there was no factual basis for the plea.

COLORADO CROSS DISABILITY COALITION v. HERMANSON FAMILY LTD. P'SHIP I

Civil Rights
Under Title III of the ADA, a plaintiff must initially present evidence tending to show that the suggested method of barrier removal is readily...

US v. SMITH

Criminal Law & Procedure, Sentencing
For sentencing purposes, there is no bright-line rule as to what constitutes a substantial step toward manufacturing methamphetamine.

HAYES v. WHITMAN

Environmental Law
Under the Clean Water Act, a state's submission of total maximum daily loads for intrastate bodies of water to the EPA will preclude a citizen suit...

US v. HANEY

Criminal Law & Procedure
18 USC 922(o), which prohibits the possession of machine guns, does not violate the 2nd Amendment or the Commerce Clause.

MAULDIN v. WORLDCOM, INC.

Labor & Employment Law
The minutes of a compensation committee's meeting alone are not sufficient to establish effective delegation of its discretion to an agent under Texas...

PHILLIPS v. NEW HAMPSHIRE INS. CO.

Insurance Law
An insured employee's failure to notify insurer of a settlement of an underinsured motorist claim under Oklahoma law will not preclude recovery where...

VBF, INC. v. CHUBB GROUP OF INS. COS.

Insurance Law
A claim that a seller shipped damaged goods to a buyer is a contract claim for purposes of coverage under comprehensive general liability policy, and...

NEILL v. GIBSON

Criminal Law & Procedure, Habeas Corpus
Oklahoma may constitutionally apply its statute permitting introduction of victim impact evidence during a capital sentencing proceeding at a trial...