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Released Prisoner's Jail Sentence Appeal Moot
By Robyn Hagan Cain | Last updated on
Be careful what you petition for. David Rhodes was convicted on drug-related charges in 1993, and sentenced to twenty years' imprisonment and ten years'...
Crumbling Prison Doesn't Qualify as Eighth Amendment Violation
By Robyn Hagan Cain | Last updated on
Is the sky falling or is that a piece of concrete from a crumbling prison ceiling? The Tenth Circuit Court of Appeals ruled against a prisoner proceeding pro...
Court Finds Insubordination, Dismisses FMLA Retaliation Claim
By Robyn Hagan Cain | Last updated on
Timing isn't everything. For example, a plaintiff is not guaranteed to prevail in a Family and Medical Leave Act (FMLA) lawsuit simply because his FMLA leave...
Does the Rooker-Feldman Doctrine Bar Your Foreclosure Appeal?
By Robyn Hagan Cain | Last updated on
The old saying, “If at first you don't succeed, try, try again,” does not ring true in the law. While the appellate process provides a certain number of second...
The Nine Eye the Tenth: Briefs Requested, Sentence Vacated
By Robyn Hagan Cain | Last updated on
The Tenth Circuit Court of Appeals doesn't get as much love from the Supreme Court as its Ninth Circuit neighbors -- and by love, we of course mean reversal --...
No Split-Note Defense: MERS Can Foreclose on Homes
By Robyn Hagan Cain | Last updated on
We don't fault attorneys for resorting to creative arguments to halt foreclosure; it's an attorney's job to represent her client zealously. But when the Tenth...