This en banc Tenth Circuit case has a little something for everyone. Bickering over en banc procedure as the court sua sponte ordered it to be heard en banc after the appeal was briefed and argued at panel but before the decision issued. Also, a prosecutor, Assistant U.S. Attorney Terra Morehead, who misconducted so egregiously that she was later disbarred. Her rap sheet is long, including framing an innocent man of double murder who spent 23 years in prison before being exonerated. A court overturning its nearly 30-year-old precedent. (The Tenth Circuit no longer has a per se Sixth Amendment violation if a prosecutor listens in on a defendant's calls with his attorney. The defendant now must show prejudice.) An intense circuit split. (Four positions, as identified in the dissent's footnote 34, a citation that presumably will make its way to a cert. petition in short order.) So pour yourself a beverage of your choice this holiday season and pore over this decision.
The case is United States v. Hohn, No. 22-03009 (10th Cir. 2024).