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United States Tenth Circuit - July 2003 Opinion Summaries

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Description Date Docket #

US v. MARQUEZ

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
It was reasonable for a police officer to consider defendant's consent to search his RV as extending to a storage compartment, and the district court...
07/31/2003 02-3317

DAVIDSON v. AM. ONLINE, INC.

United States Tenth Circuit
Civil Rights, Labor & Employment Law
When an ADA plaintiff pursues several disparate treatment claims based on discrete discriminatory acts, the limitations period will begin to run for...
07/30/2003 01-4253

MCLUCKIE v. ABBOTT

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
Colorado court judgement, denying post-conviction relief under Strickland based on trial counsel's purported failure to investigate and present...
07/30/2003 02-1017

US v. CHAVEZ-SALAIS

United States Tenth Circuit
Criminal Law & Procedure
Colloquy was insufficient to support a conclusion that defendant knew he was waiving his right to make a later motion under 18 U.S.C. section...
07/29/2003 02-2138

PAYTON v. US DEP'T OF AGRIC.

United States Tenth Circuit
Administrative Law, Agriculture, Civil Procedure
The Acting Director of the National Appeals Division's decision, affirming termination of a farmer from the Department of Agriculture's Conservation...
07/29/2003 02-2163

US v. SPRINGFIELD

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner failed to make a substantial showing of the denial of a constitutional right, in his claim that using an escape conviction to enhance his...
07/29/2003 03-8010

TSEVEGMID v. ASHCROFT

United States Tenth Circuit
Civil Procedure, Immigration Law
The Circuit Court has no jurisdiction to review an immigration judge's ruling that a nonimmigrant student who violated his student status did not file...
07/24/2003 02-9525

US v. FLOWERS

United States Tenth Circuit
Criminal Law & Procedure
Arrest and subsequent search of defendant's home were invalid absent exigent circumstances, where only defendant's hand and arm were visible and he...
07/22/2003 02-5149

KARNES v. THE BOEING CO.

United States Tenth Circuit
Civil Procedure, Labor & Employment Law
An employee's claims arising from termination for smoking marijuana on work premises were not preempted by section 301 of the Labor Management...
07/16/2003 02-5054

MARCH v. INTERNAL REVENUE SERV.

United States Tenth Circuit
Bankruptcy Law, Tax Law
IRS Form 4340 creates a presumption that a Summary Record of Assessment, whether on Form 23C or RACS Report 006, was validly executed and certified,...
07/15/2003 02-2087

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