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United States Tenth Circuit - October 2007 Opinion Summaries

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Cummings v. Sirmons

United States Tenth Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus, Sentencing
In a death penalty case, denial of habeas relief is affirmed over claims of error regarding: 1) ineffective assistance of trial and appellate counsel;...
10/31/2007 06-7091

US v. Angel-Guzman

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
With respect to within-Guidelines sentences, the decision in Rita v. US, 127 S. Ct. 2456 (2007), does nothing to change the appellate reasonableness...
10/31/2007 06-4303

Warren v. Am. Bankers Ins. Co. of Florida

United States Tenth Circuit
Civil Procedure, Contracts, Insurance Law
In an action against an insurer, an order denying plaintiff's "motion to reconsider" a dismissal ruling for lack of jurisdiction is vacated as: 1)...
10/31/2007 06-1305, 06-1440

Bruner v. Baker

United States Tenth Circuit
Administrative Law, Civil Rights, Criminal Law & Procedure, Tax Law
In a civil rights suit brought under 42 U.S.C. section 1983 against the Oklahoma Tax Commission's Special Tax Enforcement Unit (OTC) personnel,...
10/31/2007 04-6396

Pino v. US

United States Tenth Circuit
Administrative Law, Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
The circuit court certifies to the Oklahoma Supreme Court the question of whether, under the Oklahoma Wrongful Death Statute, a cause of action...
10/30/2007 06-7108

Weyerhauser Co. v. Wyatt

United States Tenth Circuit
Civil Procedure, Contracts, Labor & Employment Law, Remedies
In a federal suit brought by a mill operator to enjoin state court proceedings for breach of contract against it by a former employee, dismissal of...
10/26/2007 06-7096

US v. Serawop

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
A restitution order under the Mandatory Victims' Restitution Act (MVRA), imposed after defendant's conviction for voluntary manslaughter in the death...
10/26/2007 06-4022

Governor of the State of Kansas v. Kempthorne

United States Tenth Circuit
Administrative Law, Civil Procedure, Gaming Law, Government Law, Indian Law, Property Law & Real Estate
In a long-running dispute over the Secretary of the Interior's 1996 decision to take a tract of land in downtown Kansas City into trust for the...
10/25/2007 06-3213

US v. Avalos

United States Tenth Circuit
Criminal Law & Procedure, Evidence, Sentencing
A conviction and sentence for distribution of methamphetamine is affirmed over claims that: 1) the district court erred in admitting into evidence...
10/24/2007 06-2228

Nichols v. Bd. of County Comm'rs of the County of La Plata

United States Tenth Circuit
Administrative Law, Civil Procedure, Constitutional Law, Government Law, Property Law & Real Estate
In an action brought against a county board of commissioners alleging they violated plaintiffs' substantive and procedural due process rights by not...
10/23/2007 06-1427

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