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Voter Registration
Rocky Mountain Appellate Blog | Feb 22 2012 | 4:35 pmIn Valdez v. Squier (11-2063), the Tenth Circuit addressed the policy of the New Mexico Human Services Department (“HSD”) of providing voter registration materials to applicants for public assistance only if they checked “yes” on a form indicating that they...
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Just How Important Is the Supreme Court’s GPS “Surveillance” Decision?
Rocky Mountain Appellate Blog | Feb 14 2012 | 4:45 pmOn January 23, the Supreme Court upheld a D.C. Circuit decision suppressing evidence obtained from a GPS device attached to an alleged drug dealer’s Jeep (United States v. Jones). Remarkably, the decision was 9-0 in favor of suppression – a...
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Easements
Rocky Mountain Appellate Blog | Feb 10 2012 | 3:51 pmIn Haworth v. United States (No. 11-8006), the Tenth Circuit addressed an easement for a truck trail that had been granted in 1940 and laid dormant until 2007, when the United States Forest Service suddenly expressed an interest in exercising...
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False Lien Better Defined
Rocky Mountain Appellate Blog | Feb 8 2012 | 11:10 amUnited States v. Hoodenpyle (No. 10-1457) is an appeal from a conviction for filing a false lien on the property of an IRS agent attempting to collect unpaid taxes from the defendant. Much of the opinion consists of an analysis...
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Habeas Review of Military Proceedings
Rocky Mountain Appellate Blog | Feb 2 2012 | 1:55 pmIn Pacheco v. Commandant, USDB (No. 11-3301) the Tenth Circuit denied a habeas challenge to a court martial (something I had not seen before). The standard of review in such circumstances is limited. As phrased by the court: “If the...
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