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United States Tenth Circuit - January 2003 Opinion Summaries

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Description Date Docket #

US v. MIKULSKI

United States Tenth Circuit
Criminal Law & Procedure
County police officers' actions in arresting defendant were permissible under Utah Code Ann. section 77-9-3, which allows an officer to exercise...
01/31/2003 01-4169

CARGLE v. MULLIN

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Legal Malpractice, Sentencing
Petitioner is entitled to relief from capital convictions and death sentences based on ineffective assistance of counsel and prosecutorial misconduct,...
01/27/2003 01-6027/41

BEEM v. MCKUNE

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
The remedy from Carmichael v. State, 872 P.2d 240 (Kan. 1994), does not amount to a court having found habeas petitioners guilty of and sentencing...
01/27/2003 00-3224/3249

US v. HAWTHORNE

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
The district court properly enhanced defendant's sentence under U.S.S.G. section 3C1.1, based on its finding that he committed perjury at a...
01/22/2003 01-3357

BOYER v. CORDANT TECHS., INC.

United States Tenth Circuit
Civil Procedure, Civil Rights, Labor & Employment Law
Recovery on a Title VII hostile work environment claim may be available for acts taken outside the statutory time period, even where plaintiff knew or...
01/17/2003 01-4205

US v. MCCLATCHEY

United States Tenth Circuit
Criminal Law & Procedure, Sentencing, Government Benefits, Health Law
There was no clear error in the district court's finding regarding the scope of a Medicare Antikickback Act defendant's relevant conduct for...
01/17/2003 01-3327

BURGER v. SCOTT

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
Equitable tolling should have been applied to a pro se 28 U.S.C. section 2241 habeas petition, where the petitioner did not sleep on his federal...
01/15/2003 01-6285

US v. RHIGER

United States Tenth Circuit
Criminal Law & Procedure
A social guest has a sufficient expectation of privacy to challenge unreasonable searches of his host's home, but reasonable grounds existed for...
01/14/2003 01-2246

WILKES v. WYOMING DEP'T OF EMPLOYMENT

United States Tenth Circuit
Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law
A suit alleging violations of Title VII and the Wyoming Fair Employment Practice Act was barred by claim preclusion, because claimant because was not...
01/14/2003 02-8003

US v. GOFF

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Where appellant was convicted of an offense in which "a firearm was stolen" and his base offense level was determined pursuant to U.S.S.G. section...
01/13/2003 02-1215

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