remand to state court – Binding the Law

29 January 2018

10th Circuit affirms convictions for symbolic ATV ride in restricted federal land; reverses dismissal based on Rooker-Feldman doctrine; affirms dismissal of cases against credit card companies; holds the automatic stay in bankruptcy does not apply to attorney fee award in related state court case; and remands motion to vacate consent decrees for analysis under correct legal standard; and reverses an order to reamd claims to state court.

by William Gaskill

14 August 2015

10th Circuit holds a remand to state court based on a colorable ruling of deficient process bars appellate review of the remand.

by William Gaskill

24 April 2015

10th Circuit holds review of ineffectiveness claim barred as defendant had meaningful opportunity to raise issue in first appeal and didn’t and dismisses appeal of remand order for lack of jurisdiction.

by William Gaskill