Category Archives: Tenth Circuit

10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

by Emil J. Kiehne Posted on June 25, 2014

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading →

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No, police experts can’t testify that a defendant isn’t credible, 10th Circuit says

by Emil J. Kiehne Posted on May 2, 2014

For your weekend pleasure reading, I recommend the Tenth Circuit’s decision this week in United States v. Hill, a case that raises the question “What were they all thinking?” At Stanley Hill’s trial on criminal charges arising from his alleged involvement in … Continue reading →

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Tenth Circuit: plaintiff cannot manufacture diversity jurisdiction by assigning claims to corporation

by Emil J. Kiehne Posted on April 25, 2014

The federal district court in Utah found that J. Hoyt Stephenson was a resident of Utah, and therefore dismissed his counterclaims and third-party claims against a number of other Utah residents. Mr. Stephenson then incorporated National Fitness Holdings, Inc. in … Continue reading →

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Tenth Circuit reverses order granting new trial to Deming, NM’s Reese family in gun case

by Emil J. Kiehne Posted on March 21, 2014

The saga of the Reese family, who owned a gun store in Deming, New Mexico, has become something of a cause célèbre among Second Amendment advocates. They were charged with conspiracy, aiding and abetting straw purchases of firearms, gun smuggling, … Continue reading →

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Senate confirms Judge Carolyn McHugh to Tenth Circuit

by Emil J. Kiehne Posted on March 12, 2014

Today the Senate voted 98-0 to confirm Utah Court of Appeals Judge Carolyn McHugh to the Tenth Circuit. Thomas Burr has this story about today’s events in the Salt Lake Tribune. For my previous posts on Judge McHugh’s nomination, please see … Continue reading →

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“Senate set to elevate Utah judge to 10th Circuit”

by Emil J. Kiehne Posted on March 11, 2014

According to this report by Thomas Burr in the Salt Lake Tribune, the Senate is likely to confirm Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit. You can read my previous posts about President Obama’s … Continue reading →

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Tenth Circuit holds that Guarantee Clause claim is justiciable

by Emil J. Kiehne Posted on March 10, 2014

The Guarantee Clause (or “Guaranty” Clause) is located in Article IV, Section 4, and provides that “The United States shall guarantee to every State in this Union a Republican Form of Government….” It’s one of those clauses of the Constitution that … Continue reading →

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Tenth Circuit rejects New Mexico’s view that unbalanced arbitration agreements are unenforceable

by Emil J. Kiehne Posted on February 11, 2014

New Mexico’s appellate courts have held that arbitration agreements are unconscionable if they allow one party to bring its most likely claims in court, while requiring the other party to bring its most likely claims in arbitration. This view is reflected … Continue reading →

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Understanding the form that supposedly exempts the Little Sisters of the Poor from the HHS contraceptive mandate

by Emil J. Kiehne Posted on January 6, 2014

As you may be aware, the Tenth Circuit recently denied the application to stay application of the Obama Administration’s contraceptive mandate filed by the Little Sisters of the Poor, but Justice Sotomayor granted the Little Sisters’ application. Since then, however, … Continue reading →

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Tenth Circuit: College Edition!

by Emil J. Kiehne Posted on December 30, 2013

Just as the Jeopardy! gameshow has an annual College Championship, so too our federal appellate courts apparently have special days when they issue opinions addressing events on our nation’s college campuses. Last Monday, December 23, 2013, was one of those … Continue reading →

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