Puerto Rico Case Commentaries

Section 242 “Results From” Requires Proximate Cause; Guidelines “Relevant Conduct” Must Satisfy §1B1.3(a) Before Acquitted-Conduct Limits Apply

Date: Jul 4, 2026

Section 242 “Results From” Requires Proximate Cause; Guidelines “Relevant Conduct” Must Satisfy §1B1.3(a) Before Acquitted-Conduct Limits Apply I. Introduction United States v. Shronda Covington...

Non‑Medical Jail Supervisors May Not “Do Nothing” When Serious Medical Need Is Obvious and Care Appears Inadequate—Deference to Medical Staff Has Limits

Date: Jul 4, 2026

Non‑Medical Jail Supervisors May Not “Do Nothing” When Serious Medical Need Is Obvious and Care Appears Inadequate—Deference to Medical Staff Has Limits Case: Cassiopia Rhoads v. Erik Riddell Court:...

Binding Internal Termination Procedures Create Fifth Amendment Property Interests in Reassignment and Appeal Rights for Intelligence Officers

Date: Jul 4, 2026

Binding Internal Termination Procedures Create Fifth Amendment Property Interests in Reassignment and Appeal Rights for Intelligence Officers 1. Introduction John Doe 1 v. Office of the Director of...

Paperwork-Motivated Delay After Suspected Assault Defeats Qualified Immunity for Deliberate Indifference

Date: Jul 4, 2026

Paperwork-Motivated Delay After Suspected Assault Defeats Qualified Immunity for Deliberate Indifference I. Introduction In Tiffany Adele King, as Administratrix of the Estate of Maurice Antoine King...

AEDPA “Double Deference” Controls: Federal Habeas Courts May Not Reweigh Barker Speedy-Trial or Strickland Claims Absent an Objectively Unreasonable State Decision

Date: Jul 4, 2026

AEDPA “Double Deference” Controls: Federal Habeas Courts May Not Reweigh Barker Speedy-Trial or Strickland Claims Absent an Objectively Unreasonable State Decision 1. Introduction K.C. Langford v....

Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding

Date: Jul 4, 2026

Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding Introduction Pierre Riley v. Todd Blanche (4th Cir. July 2,...

Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect

Date: Jul 4, 2026

Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect Case: Daniel Lewis v. Superintendent...

“Involved in a Collision” Under HRS § 291C-12(a) Includes Non-Contact Drivers (and Vagueness Challenges Are As-Applied Absent First Amendment Concerns)

Date: Jul 4, 2026

“Involved in a Collision” Under HRS § 291C-12(a) Includes Non-Contact Drivers (and Vagueness Challenges Are As-Applied Absent First Amendment Concerns) Case: State v. Nahulu (Haw. July 2, 2026)...

RICRA Discrimination Claims Classified as “Actions of Tort” Under Rhode Island’s State Tort Claims Act

Date: Jul 4, 2026

RICRA Discrimination Claims Classified as “Actions of Tort” Under Rhode Island’s State Tort Claims Act 1. Introduction In Luther C. Parente v. Nelson Lefebvre, in his official capacity as Warden of...

“Sufficient” Bond as a Floor-and-Ceiling Rule: Unaffordable Cash Bonds as Constructive Denials of Appeal Bond Under MCR 7.209(B)(2)

Date: Jul 4, 2026

“Sufficient” Bond as a Floor-and-Ceiling Rule: Unaffordable Cash Bonds as Constructive Denials of Appeal Bond Under MCR 7.209(B)(2) Case: People of Michigan v. Leon Orlando Echols (Michigan Supreme...

Highway-Defect Notice Under MCL 691.1404(1): “Exact Location” Does Not Mean Street Address, GPS, or Technical Precision (Welch, J., dissenting)

Date: Jul 4, 2026

Highway-Defect Notice Under MCL 691.1404(1): “Exact Location” Does Not Mean Street Address, GPS, or Technical Precision (Welch, J., dissenting) I. Introduction Nancy Dentamaro Seguna v City of...

“Imposed” Under Penal Code § 1172.75 Includes Prior Prison Term Enhancements Whose Punishment Was Stricken

Date: Jul 4, 2026

“Imposed” Under Penal Code § 1172.75 Includes Prior Prison Term Enhancements Whose Punishment Was Stricken Case: People v. Espino (Cal. July 2, 2026) S286987 Court: Supreme Court of California...

Rule 41(a)(1)(B) “Two-Dismissal Rule” Bars Only Refiling in Federal Court, Not a Later State-Court Action

Date: Jul 4, 2026

Rule 41(a)(1)(B) “Two-Dismissal Rule” Bars Only Refiling in Federal Court, Not a Later State-Court Action I. Introduction In Doe v. Marysville Joint Unified School District (Cal. July 2, 2026,...

Continuance-and-Deposition Cure for Late-Disclosed Witnesses and Deference to Jury Credibility Under Rule 59

Date: Jul 4, 2026

Continuance-and-Deposition Cure for Late-Disclosed Witnesses and Deference to Jury Credibility Under Rule 59 1. Introduction Garry Richardson v. City of Detroit, Michigan, Sergeant Mike Jackson...

Monroe v. State of Indiana — Direct Appeal Path for Post-Guilty-Plea Double Jeopardy Requires Motion to Withdraw Lesser-Included Plea

Date: Jul 4, 2026

Post-Guilty-Plea Double Jeopardy Claims: Direct Appeal Lies Only Through a Targeted Motion to Withdraw the Lesser-Included Plea 1. Introduction Case: Monroe v. State of Indiana (Indiana Supreme...

Indiana’s Income-Tax Add-Back Applies Only to Apportioned Income Taxes (and Apportioned Functional Equivalents), Not Unapportioned Wagering Excise Taxes

Date: Jul 4, 2026

Indiana’s Income-Tax Add-Back Applies Only to Apportioned Income Taxes (and Apportioned Functional Equivalents), Not Unapportioned Wagering Excise Taxes 1. Introduction In PENN Entertainment, Inc. v....

Indiana Charging-Information Sufficiency for Firearm Possession: Out-of-State Felonies Need Not Be Pleaded with Statutory Comparators to Support § 35-47-2-1.5 Enhancements

Date: Jul 4, 2026

Indiana Charging-Information Sufficiency for Firearm Possession: Out-of-State Felonies Need Not Be Pleaded with Statutory Comparators to Support § 35-47-2-1.5 Enhancements 1. Introduction State of...

Indiana’s Reference Statute: A General “Felony” Predicate in the Handgun-Carry Ban Includes Out-of-State Felonies Without “Substantial Similarity”

Date: Jul 4, 2026

Indiana’s Reference Statute: A General “Felony” Predicate in the Handgun-Carry Ban Includes Out-of-State Felonies Without “Substantial Similarity” Introduction State of Indiana v. Augustine Armando...

Article II Requires At-Will Presidential Removal of FTC Commissioners Exercising Executive Power (Overruling Humphrey’s Executor)

Date: Jul 4, 2026

Article II Requires At-Will Presidential Removal of FTC Commissioners Exercising Executive Power (Overruling Humphrey’s Executor) I. Introduction In Trump v. Slaughter (U.S. Supreme Court, June 29,...

FECA Party Coordinated-Expenditure Limits Unconstitutional; Colorado II Overruled

Date: Jul 4, 2026

FECA’s Political-Party Coordinated-Expenditure Caps Violate the First Amendment (Colorado II Overruled) Case: National Republican Senatorial Committee v. Federal Election Comm'n, 609 U. S. ____...