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Justia Daily Opinion Summaries

US Court of Appeals for the Tenth Circuit
May 27, 2020

Table of Contents

United States v. Goebel

Constitutional Law, Criminal Law

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Before She Died, “Jane Roe” Said She Was Never Really Pro-Life: Does It Matter?

MICHAEL C. DORF

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Cornell law professor Michael C. Dorf comments on the revelation that before she died, Norma McCorvey—the woman who was the plaintiff in Roe v. Wade and who had subsequently become a prominent spokesperson for overturning the decision—said she was never really pro-life after all. Using this example, Dorf explains why, in some ways, the individual plaintiff’s identity does not matter for the purpose of deciding an important legal issue, yet in other ways, the plaintiff’s underlying story can be very important for other reasons.

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US Court of Appeals for the Tenth Circuit Opinions

United States v. Goebel

Docket: 19-2125

Opinion Date: May 26, 2020

Judge: Timothy M. Tymkovich

Areas of Law: Constitutional Law, Criminal Law

Jeffrey Goebel was charged with being a felon in possession of a firearm. He moved to suppress, which the district court denied. He pleaded guilty conditioned on his ability to appeal the denial of his motion to suppress. On appeal, Goebel argued the district court erred in denying his motion to suppress, contending the arresting officer lacked reasonable suspicion to detain him and his statements were obtained in violation of the Fifth Amendment. Further, Goebel argued the district court committed plain error by applying the wrong standard of review to the motion. After review, the Tenth Circuit rejected these arguments and affirmed judgment of conviction.

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