10th Cir.

United States Court of Appeals for the Tenth Circuit

Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.

Mar 5 2026
4:17-CV-00367-GKF-CDL Panel Decision

DEANDRE BETHEL v. DAVID LOUTHAN

The Tenth Circuit denied Deandre Bethel a certificate of appealability because his attempt to add a Fourth Amendment claim via a Rule 60(b) motion constituted an unauthorized second or successive habeas petition. The court held that the motion substantively challenged the validity of his conviction rather than addressing a procedural defect in the habeas proceedings themselves.

Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - State Prisoner (28 USC 2254)
Read summary →
Mar 5 2026
5:00-CV-03146-DES Panel Decision

In re MAURICE B. MOORE

The Tenth Circuit denied Maurice Moore's application to file a second or successive habeas corpus petition because he failed to meet the strict statutory requirements of the Antiterrorism and Effective Death Penalty Act. The court held that Moore's claims did not rely on a new retroactive rule of constitutional law nor did they present previously undiscoverable facts establishing actual innocence.

Constitutional Habeas Corpus - State Prisoner (28 USC 2254)
Read summary →
Mar 4 2026
1:21-CV-01269-KAS Panel Decision

Rodney Douglas Eaves v. Jared Polis and Dean Williams; Gypsy Kelso; Anthony Decesaro; Marshall Griffith; Jerry Roark; David Hestand; Steven Salazar; Travis Trani; Jason Smith; C...

The Tenth Circuit held that the Governor of Colorado is not immune from suit regarding alleged violations of a prisoner's religious rights because state law grants him final authority over the Department of Corrections. The court further ruled that the prisoner's transfer to a new facility did not moot his claims for injunctive relief since the alleged unconstitutional conditions persist.

Criminal Mootness Robbery & Extortion
Read summary →
Mar 4 2026
5:25-CV-00052-R) Panel Decision

BANI MORENO v. ATTORNEY GENERAL, DHS/ICE/DOJ

The Tenth Circuit affirmed the dismissal of Bani Moreno's habeas petition challenging his 2022 removal, holding that he was not 'in custody' within the meaning of 28 U.S.C. § 2241 because he remained outside the United States. The court concluded that a non-citizen residing abroad lacks the requisite custody status to invoke federal habeas jurisdiction for immigration removal proceedings.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Supervised Release
Read summary →
Mar 4 2026
1:22-CR-00135-ABJ-1) Panel Decision

UNITED STATES OF AMERICA v. PAUL ALLEN KING

The Tenth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after a plenary review found the defendant's claims wholly frivolous. The court determined that the defendant's admission of drug use and his request for a specific sentence left no nonfrivolous basis for challenging the supervised release revocation.

Anders Brief Criminal Drug Trafficking Supervised Release
Read summary →