United States Tenth Circuit - August 2003 Opinion Summaries

WANSING v. HARGETT

Criminal Law & Procedure, Habeas Corpus
Where a judge's remarks made it reasonably likely that the jury would overestimate the amount of latitude it had in defining the reasonable doubt...

US v. FUENTES

Criminal Law & Procedure, Sentencing
District court erred in 1) not providing adequate notice of its intention to depart from the sentencing guidelines, 2) failing to make appropriate...

DOEBELE v. SPRINT/UNIFIED MGMT. CO.

Civil Rights, Labor & Employment Law
District court did not err in concluding an ADA plaintiff failed to show her impairments affected her ability to care for herself, sleep, or learn;...

WINNEBAGO TRIBE OF NEBRASKA v. STOVALL

Civil Procedure, Indian Law, Oil and Gas Law, Tax Law
Where at least one of the three Younger requirements was not met in a case challenging a state's attempts to assess fuel taxes on a corporation wholly...

BOEHME v. US POSTAL SERV.

Administrative Law, Government Law, Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
Plaintiffs' unlawful detention action under Colo. Rev. Stat. section 13-40-104(1)(d) must be treated as a state-law tort claim, in which case, the...

WORKMAN v. MULLIN

Criminal Law & Procedure, Habeas Corpus
An additional culpability finding as might be required by Supreme Court precedent, in order to apply the death penalty for a felony murder conviction,...

US v. VANNESS

Constitutional Law, Criminal Law & Procedure
Whether or not a local noise ordinance serving as the basis for a traffic stop was unconstitutionally vague or overly broad, a law enforcement officer...

MERCER TRANSP. CO. v. GREENTREE TRANSP. CO.

Commercial Law, Injury & Tort Law, Transportation
In an action for damages to a tractor-trailer truck in interstate commerce, the district court erred when it determined that a transportation company...

BUTLER v. RIO RANCHO PUB. SCH. BD. OF EDUC.

Constitutional Law, Education Law, Government Law
A board of education and school officials were entitled to qualified immunity in a former student's substantive due process claims, as suspension for...

KAW NATION v. SPRINGER

Civil Procedure, Criminal Law & Procedure, Government Benefits, Indian Law
Dismissal of an Indian tribe's suit arising from misuse of federal housing funds is affirmed for lack of subject matter jurisdiction, as no private...