United States Tenth Circuit - November 2008 Opinion Summaries

Pointdexter v. The Bd. of County Comm'rs of the County of Sequoyah

Constitutional Law, Elections, Labor & Employment Law
In an action involving First Amendment rights of political association and speech, summary judgment for the defendants is affirmed where: 1) the...

Sandoval v. Ulibarri

Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus
In a federal habeas petition, the district court's denial of a state prisoner's petition is affirmed where: 1) counsel's failure to investigate...

Hicks v. Franklin

Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus
In a federal habeas petition, the lower court's judgment is reversed and remanded where: 1) the trial court committed constitutional error in...

Native Am. Distrib. v. Seneca-Cayuga Tobacco Co.

Civil Procedure, Contracts, Corporation & Enterprise Law, Indian Law
In an breach of contract action between a distributor and an enterprise of a tribe, dismissal of plaintiffs' claims is affirmed where: 1) the tribal...

T-Mobile Central, LLC v. Unified Gov't of Wyandotte County, Kansas City

Civil Procedure, Communications Law, Government Law
In an action for declaratory, injunctive, and mandamus relief sought by a telecommunications business, claiming that a denial of an application...

Am. Civil Liberties Union of New Mexico v. Santillanes

Civil Rights, Constitutional Law, Elections, Government Law
Grant of declaratory and injunctive relief from a city amendment requiring voters in municipal elections to present photo identification at polling...

In re: Lanning

Bankruptcy Law
For purposes of calculating the "projected disposable income" of an above-median Chapter 13 debtor under amendments to the bankruptcy code effected by...

Mosier v. Callister, Nebeker & McCullough

Bankruptcy Law, Corp. Governance, Corporation & Enterprise Law, Ethics & Professional Responsibility, Injury & Tort Law, Professional Malpractice, Tax-exempt Organizations
In a suit brought by the trustee of the bankruptcy estate of a nonprofit organization against a law firm and two of its attorneys alleging...

US v. Fay

Criminal Law & Procedure, Sentencing
Revocation of defendant's supervised release and a denial of his request to serve his revocation sentence concurrently with a previously discharged...

US v. Benally

Criminal Law & Procedure, Evidence, Indian Law
Grant of a motion for a new trial from a conviction for forcibly assaulting a Bureau of Indian Affairs officer with a dangerous weapon is reversed and...