United States Tenth Circuit - January 2002 Opinion Summaries

ROMANO v. GIBSON

Criminal Law & Procedure, Habeas Corpus
In the second-stage of a trial for murder, defense counsel's unsuccessful strategy of offering testimony that defendant sexually abused his sisters in...

US v. CABALLERO

Criminal Law & Procedure, Evidence
The sum of a prosecutor's alleged actions during trial were not enough to rise to the level of "cumulative" prosecutorial misconduct in light of the...

BURLESON v. SAFFLE

Criminal Law & Procedure, Habeas Corpus
Whether Using a Vehicle to Facilitate the Intentional Discharge of a Firearm, Okla. Stat. tit. 21, Section 652(B), had the same meaning under Oklahoma...

US v. TRIANGLE OIL

Civil Procedure, Tax Law
The levy power of the IRS over property of a joint venture does not divest a joint veture partner of its standing to excercise rights attached to the...

US v. FARROW

Sentencing, Criminal Law & Procedure
A concealed hand may be an object which potentially triggers the three-level enhancement under USSG 2B3.1(b)(2)(E), possessing a dangerous weapon...

ROSETTE, INC. v. US

Property Law & Real Estate
Under Section 7 of the Stock-Raising Homestead Act of 1916, 43 U.S.C. Section 291 et seq., geothermal resources are a "mineral" resource within the...

WEBCO INDUSTRIES, INC. v. THERMATOOL CORP.

Contracts
Under Michigan law, post-delivery obligations to inspect, test and provide instruction do not toll the accrual of a breach of warranty claim unless...

CASSARA v. DAC SERVICES, INC.

Consumer Protection Law, Transportation
Employment history report for trucking companies that reported both DOT defined accidents and "accidents," as defined by individual employers, may be...

FIELDS v. GIBSON

Criminal Law & Procedure, Habeas Corpus
In a capital case, aggravating factors of "prior violent felony," "murder to avoid arrest," and "continuing threat to society" are not duplicative...

SANJUAN v. IBP, INC.

Workers' Compensation
Kansas law does not require a plaintiff seeking to recover on a workers compensation retaliatory discharge claim to demonstrate that he was able to...