Puerto Rico Case Commentaries

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat

Date: Jul 4, 2026

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat Case: BELL v. THE STATE (Two Cases) (No. S26A0188; No. S26A0483)...

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists

Date: Jul 4, 2026

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists 1....

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text

Date: Jul 4, 2026

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text 1. Introduction Warner v. Espitia (Supreme Court of Georgia, June 30, 2026) arises from...

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence)

Date: Jul 4, 2026

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence) Case: Walker v. State (Supreme Court of Georgia, June...

State v. Tolentino (Haw. 2026): Mandatory Pretrial Evidentiary Voluntariness Hearings for Inculpatory Statements; New-Trial Remedy; Partial Overruling of State v. Goers

Date: Jul 4, 2026

Hawaiʻi’s Mandatory Pretrial Evidentiary Voluntariness Hearing Rule for Inculpatory Statements (and the New-Trial Remedy), with State v. Goers Partially Overruled I. Introduction In State v....

Direct-Action Bar Reaffirmed: No Suit Against Auto Liability Insurer Without § 27-7-2 Exception; Bad-Faith Claims Require Contractual Entitlement

Date: Jul 4, 2026

Direct-Action Bar Reaffirmed: No Suit Against Auto Liability Insurer Without § 27-7-2 Exception; Bad-Faith Claims Require Contractual Entitlement Case: Bryan Edward Menge v. GEICO General Insurance...

Conditional Dismissals After Diversionary Programs Are Not “Favorable Terminations” for § 1983 Malicious Prosecution When the Dismissal Reflects a Compromise

Date: Jul 4, 2026

Conditional Dismissals After Diversionary Programs Are Not “Favorable Terminations” for § 1983 Malicious Prosecution When the Dismissal Reflects a Compromise 1. Introduction Chapdelaine v. Desjardin...

Temporal Association Is Not Causation: Proving a Second Compensable Injury from a Medication Dosage Increase

Date: Jul 4, 2026

Temporal Association Is Not Causation: Proving a Second Compensable Injury from a Medication Dosage Increase 1. Introduction In Sam Mcdonald v. State of Wyoming, Ex Rel. Department of Workforce...

In re Miller: “Knowing” KRPC 1.6 Disclosure Established by Deliberate Name-Mention, While KRPC 1.7 and 8.4(c) Fail Absent Clear-and-Convincing Proof Under Deferential Review

Date: Jul 4, 2026

In re Miller: “Knowing” KRPC 1.6 Disclosure Established by Deliberate Name-Mention, While KRPC 1.7 and 8.4(c) Fail Absent Clear-and-Convincing Proof Under Deferential Review 1. Introduction In re...

Colorado’s “Major Purpose” Test for Issue Committees: Holistic, Factor-Based Review with Aggregation Across Ballot Measures

Date: Jul 4, 2026

Colorado’s “Major Purpose” Test for Issue Committees: Holistic, Factor-Based Review with Aggregation Across Ballot Measures Case: Unite for Colo. v. Colo. Dep't of State, 2026 CO 56, 24SC281 (Colo....

Prior Attempt to Kill the Same Intended Target Is Admissible to Prove Intent, Motive, and Identity (and Co‑Conspirator Testimony Remains a Credibility Question for the Jury)

Date: Jul 4, 2026

Prior Attempt to Kill the Same Intended Target Is Admissible to Prove Intent, Motive, and Identity (and Co‑Conspirator Testimony Remains a Credibility Question for the Jury) Introduction State v....

Unambiguous “Southern District Only” Plea Clauses Limit Non‑Prosecution Promises to the Drafting U.S. Attorney’s Office

Date: Jul 4, 2026

Unambiguous “Southern District Only” Plea Clauses Limit Non‑Prosecution Promises to the Drafting U.S. Attorney’s Office Introduction In United States v. Babajide Adefusi (7th Cir. July 2, 2026), the...

Section 2 Liability After Louisiana v. Callais Requires a Strong Inference of Intentional Discrimination: Missouri Plan Challenge Rejected

Date: Jul 4, 2026

Section 2 Liability After Louisiana v. Callais Requires a Strong Inference of Intentional Discrimination: Missouri Plan Challenge Rejected Case: City of Hammond v. Lake County Board of Elections (7th...

Good Cause Governs Expert-Witness Substitution Under MCR 2.401(I)(2); Dean v Tucker Factors Not Mandatory

Date: Jul 4, 2026

Good Cause Governs Expert-Witness Substitution Under MCR 2.401(I)(2); Dean v Tucker Factors Not Mandatory I. Introduction Case: SMITH v BEAUMONT HEALTH (Estate of Jacqueline Harris v Beaumont...

Plausible Allegations of Property Ownership Satisfy Article III Standing in Conversion Suits; Merits Disputes Cannot Be Recast as Jurisdictional Defects

Date: Jul 4, 2026

Plausible Allegations of Property Ownership Satisfy Article III Standing in Conversion Suits; Merits Disputes Cannot Be Recast as Jurisdictional Defects Case: Diamond G Rodeos v. Gifford (10th Cir....

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient

Date: Jul 4, 2026

First Circuit: APA § 705 Stays and Preliminary Injunctions Require Concrete, Traceable Irreparable Harm to the Movant—Generalized Public-History Harms and Speculation Are Insufficient I. Introduction...

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny

Date: Jul 3, 2026

Religious-Expression Equal-Treatment Mandates in Public-Funded Private Schools Are Facially Nonneutral and Fail Strict Scrutiny Case: St. Dominic Academy v. Makin (1st Cir. July 2, 2026) 1....

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin

Date: Jul 3, 2026

Free Exercise Limits on “Religious Expression Parity” in Publicly Funded Private Schools: Crosspoint Church v. Makin Court: U.S. Court of Appeals for the First Circuit | Date: July 2, 2026 1....

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest

Date: Jul 3, 2026

PROMESA Stay Voidness for OAT Administrative-Fee Takings Claims; Standing Requires a Concrete Attempt to Obtain Court-Held Interest Case: Hernandez-Castrodad v. Steidel-Figueroa (No. 23-1872) |...

South Dakota’s “Form-at-Inception” Insurable-Interest Rule (and One-Year Trust Statute of Repose) in Alleged STOLI/Premium-Financed Life Insurance

Date: Jul 3, 2026

South Dakota’s “Form-at-Inception” Insurable-Interest Rule (and One-Year Trust Statute of Repose) in Alleged STOLI/Premium-Financed Life Insurance Case: Viva Capital Trust v. Garrett, 2026 S.D. 42...