5 July 2018

10th Circuit affirms illegal entry sentence; affirms denial of business expenses deductions to marijuana company; and rejects habeas relief in death penalty case.

by William Gaskill

29 June 2018

United States Supreme Court holds foreign sales damages are available in certain patent infringement cases; holds stock options are not taxable money compensation for railroad retirement purposes; reverses a racial gerrymandering order in part; summarily reverses grant of habeas relief; and summarily remands qualified immunity case or further analysis.

by William Gaskill

1 June 2018

10th Circuit rejects habeas petition; holds cities must give direct notice to landowners when their land is given a blight designation; and rejects substantive unreasonable challenge to reduced sentences.

by William Gaskill

18 April 2018

United States Supreme Court holds immigration aggravated felony residual clause is unconstitutionally vague and holds federal habeas courts should look though state summary affirmances to determine the reasoning in the state case.

by William Gaskill

5 April 2018

10th Circuit reveres grants of qualified immunity in part and holds the Creek Reservation has not been disestablished and a murder conviction and death sentence must therefore be set aside for lack of state court subject matter jurisdiction.

by William Gaskill

21 March 2018

United States Supreme Court holds prosecutions for interfering with administration of tax code must prove a nexus between the actions alleged and a specific administrative audit or proceeding and holds a habeas funding request was evaluated under an incorrect legal standard.

by William Gaskill

19 March 2018

10th Circuit holds claims of citizenship in deportation proceeding can be raised through an untimely motion to reopen and holds making a false statement in a passport application is a crime of moral turpitude for immigration purposes.

by William Gaskill

16 March 2018

10th Circuit grants habeas relief in death sentence challenge and affirms supervised release revocation sentence.

by William Gaskill

9 March 2018

10th Circuit affirms disgorgement order; affirms rejection of claims against ski resort for injuries from ski accident; affirms rejection of attack on an enhanced sentence; affirms denial of motion of suppress; reverses denial of qualified immunity in First Amendment retaliation case; and affirms drug and other convictions.

by William Gaskill

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.

by William Gaskill

8 January 2018

United States Supreme Court remands death case for reconsideration of certificate of appealability motion.

by William Gaskill

22 December 2017

10th Circuit dismisses appeal as moot; reverses a denial of a motion to suppress evidence; reverses grants of qualified immunity ion inmate on inmate violence case; reverses an enhanced sentence; affirms a different enhanced sentence based on a New Mexico robbery conviction; orders a motion to intervene be granted; affirms denial of two separate habeas petition; affirms dismissal of complaint for lack of personal jurisdiction; and rejects challenge to ERISA’s church plan exemption.

by William Gaskill