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United States Tenth Circuit - December 2001 Opinion Summaries

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Description Date Docket #

US v. WALSER

United States Tenth Circuit
Criminal Law & Procedure
A search of a computer that inadvertently uncovers images of child pornography does not exceed the parameters of a search warrant that specified...
12/28/2001 01-8019

DUGGER v. THE ATTORNEY GEN. OF THE STATE OF OAKLAHOMA

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
The sole purpose of any recalulation, under Okla. Stat. tit. 57, sec. 332.7(F), is to determine the date upon which the inmate becomes eligible for...
12/28/2001 01-6262

US v. ROSS

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
A victim in a robbery need not suffer "significant" fear in order for a court to apply a 2B3.1(b)(2)(F) sentence adjustment.
12/28/2001 01-2185

BRYAN v. GIBSON

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
When a prisoner appeals claiming he was incompetent to stand trial, he must rebut, by clear and convincing evidence, the jury's factual finding that...
12/27/2001 00-6090

IN RE: FOSTER

United States Tenth Circuit
Bankruptcy Law
In a bankruptcy proceeding, the bankruptcy court must weigh the claims of the remaining creditors before employing an equitable fiction such as the...
12/26/2001 00-1381

FARMER v. PERRILL

United States Tenth Circuit
Injury & Tort Law
Section 2676 of the Federal Tort Claims Act bars a transexual prisoner, who has previously suistained an adverse judgement, from proceeding with...
12/26/2001 00-1396

US v. MCELHINEY

United States Tenth Circuit
Criminal Law & Procedure
The Allen jury instruction in the instant case was impermissibly coercive.
12/26/2001 00-3056

RALSTON v. SMITH & NEPHEW RICHARDS, INC.

United States Tenth Circuit
Injury & Tort Law
In a medical manufacturing defect case, a court does not abuse its discretion when disallowing the testimony of a proposed expert witness when it...
12/26/2001 00-3395

LIVSEY v. SALT LAKE COUNTY

United States Tenth Circuit
Constitutional Law
Under 42 U.S.C sec. 1983, a wife does not have a legitimate expectation that the information revealed by a police officer about her deceased husband...
12/26/2001 00-4005

IDG, INC. v. CONTINENTAL CASUALTY COMPANY

United States Tenth Circuit
Insurance Law
In order to invoke liability coverage under an insurance policy for injuries arising out of "advertising activity," the alleged injuries must be...
12/26/2001 01-5011

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