United States Tenth Circuit - August 2009 Opinion Summaries

Springer v. Comm'r. of Int'l. Rev.

Tax Law
In a challenge to collection due process determinations issued by the IRS's Office of Appeals regarding plaintiff's tax obligations, summary judgment...

Wilson v. Workman

Criminal Law & Procedure, Evidence, Habeas Corpus
In consolidated appeals from denials of habeas petitions based on ineffective assistance of counsel, the orders are affirmed where the district courts...

N. Am. Specialty Ins. Co. v. Britt Paulk Ins. Agency, Inc.

Contracts, Evidence, Insurance Law
In an action against two insurance companies claiming that they wrongfully caused plaintiff to settle a bad faith lawsuit brought against it by two...

US v. Parada

Criminal Law & Procedure, Evidence
Defendant's drug distribution conviction is affirmed where: 1) defendant lacked standing to challenge the search of a cooler containing PCP found in...

Wagoner Cty. Rural Water Dist. No. 2 v. Grand River Dam Auth.

Civil Procedure, Constitutional Law, Government Law, Water Law
In an action seeking a declaration that plaintiffs possessed certain water rights, dismissal of the action for lack of jurisdiction is affirmed where...

SCO Group, Inc. v. Novell, Inc.

Contracts, Copyright, Cyberspace Law, Intellectual Property
In an action for slander of title regarding statements made by defendant about its alleged ownership of certain software copyrights, summary judgment...

US v. Commanche

Criminal Law & Procedure, Evidence
Defendant's conviction for assault resulting in serious bodily injury is reversed where defendant's two prior aggravated battery convictions bore on...

US v. Garcia

Criminal Law & Procedure
Defendant's firearm possession is affirmed where defendant did not show a fair and just reason for moving to withdraw his guilty plea, because all...

June v. Union Carbide Corp.

Health Law, Injury & Tort Law
In an action based on alleged radiation injuries to residents of a former uranium and vanadium milling town owned and operated by defendants, summary...

US v. Pursley

Criminal Law & Procedure, Evidence
Defendant's conviction for retaliating against a witness is affirmed where: 1) the district court did not abuse its discretion in declining to sever...