Puerto Rico Case Commentaries

Post-Conviction Fingerprint/DNA Testing: No Procedural Due Process Violation Absent a Cognizable Liberty-Interest Deprivation, and “Reasonable Probability” May Be Assessed Against the Trial Record

Date: May 22, 2026

Post-Conviction Fingerprint/DNA Testing: No Procedural Due Process Violation Absent a Cognizable Liberty-Interest Deprivation, and “Reasonable Probability” May Be Assessed Against the Trial Record I....

AEDPA Deference to State Faretta Waivers: Von Moltke Plurality Not “Clearly Established,” and Brief Risk Warnings Can Suffice

Date: May 22, 2026

AEDPA Deference to State Faretta Waivers: Von Moltke Plurality Not “Clearly Established,” and Brief Risk Warnings Can Suffice 1. Introduction Steve Ellis Karacson v. David Shaver, Warden is a federal...

PCC Airfoils and the Sixth Circuit’s Rejection of a “Clear and Convincing Evidence” Checklist for Preliminary Injunctions

Date: May 22, 2026

PCC Airfoils and the Sixth Circuit’s Rejection of a “Clear and Convincing Evidence” Checklist for Preliminary Injunctions 1. Introduction In PCC Airfoils, LLC v. Justin Daugherty (6th Cir. May 19,...

Reliable Confidential-Source Tips that Predict Future Conduct, Combined with Observed Traffic Violations, Supply Reasonable Suspicion for a Vehicle Stop

Date: May 22, 2026

Reliable Confidential-Source Tips that Predict Future Conduct, Combined with Observed Traffic Violations, Supply Reasonable Suspicion for a Vehicle Stop Introduction In United States v. Pernell...

Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review

Date: May 22, 2026

Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review Introduction In Gary Barnes v. Attorney General United States of America (3d Cir. May 19, 2026)...

Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result

Date: May 22, 2026

Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result I. Introduction In Rodney Anderson v. Kevin Kauffman...

Stone v. Powell Forecloses § 2255 Fourth Amendment Relitigation Absent a Debatable Brady/IAC Showing; “Blanket Suppression” Demands Foster-Level Flagrant Disregard

Date: May 22, 2026

Stone v. Powell Forecloses § 2255 Fourth Amendment Relitigation Absent a Debatable Brady/IAC Showing; “Blanket Suppression” Demands Foster-Level Flagrant Disregard I. Introduction In United States v....

Anders Review in Supervised-Release Revocations: Reentry-Center Conditions Are Lawful; Concurrent Multi-Count Sentencing Error May Be Harmless

Date: May 22, 2026

Anders Review in Supervised-Release Revocations: Reentry-Center Conditions Are Lawful; Concurrent Multi-Count Sentencing Error May Be Harmless 1. Introduction In United States v. Roscoe Chambers (7th...

Permanent Disbarment Under Amended Rule XIX: Egregious Bank-Fraud Misconduct Plus No Reasonable Expectation of Rehabilitation

Date: May 22, 2026

Permanent Disbarment Under Amended Rule XIX: Egregious Bank-Fraud Misconduct Plus No Reasonable Expectation of Rehabilitation Case: In re: Gregory Joseph St. Angelo, No. 2026-B-0360 (La. May 19,...

EFTA “Notice of Error” Must Be Pleaded with Statutory Specificity; “Best Case” Dismissal and Prefiling Injunction Affirmed

Date: May 22, 2026

EFTA “Notice of Error” Must Be Pleaded with Statutory Specificity; “Best Case” Dismissal and Prefiling Injunction Affirmed 1. Introduction In Reyna v. Block (5th Cir. May 18, 2026) (per curiam)...

Roberson v. DeAnda: Probable Cause for “Interference” When a Bystander Refuses to Step Aside and Disrupts an Investigation; Resistance Independently Supplies Probable Cause; Undeveloped Property Claims Are Forfeited at Summary Judgment

Date: May 22, 2026

Roberson v. DeAnda: Probable Cause for “Interference” When a Bystander Refuses to Step Aside and Disrupts an Investigation; Resistance Independently Supplies Probable Cause; Undeveloped Property...

Non-Signatory Debt-Collection Law Firms Cannot Compel Arbitration as “Servicers” Absent Clear Contract Language

Date: May 22, 2026

Non-Signatory Debt-Collection Law Firms Cannot Compel Arbitration as “Servicers” Absent Clear Contract Language I. Introduction Donte Jackson v. Protas, Spivok & Collins LLC (Fourth Circuit, May 18,...

Erroneously Refunded Underpayment Interest Constitutes “Unpaid Tax” Eligible for § 6015(f) Innocent-Spouse Relief

Date: May 22, 2026

Erroneously Refunded Underpayment Interest Constitutes “Unpaid Tax” Eligible for § 6015(f) Innocent-Spouse Relief 1. Introduction In Catherine LaRosa v. Commissioner of Internal Revenue (4th Cir. May...

Compensatory Education May Include Multi‑Year Residential Placement to Remedy FAPE Denial Without Usurping the IEP Team (S. M. v. Chichester School District)

Date: May 22, 2026

Compensatory Education May Include Multi‑Year Residential Placement to Remedy FAPE Denial Without Usurping the IEP Team (S. M. v. Chichester School District) 1. Introduction S. M. v. Chichester...

Financial-Management Vendors in Self-Directed Medicaid Programs Are Not Joint Employers Absent “Significant Control”

Date: May 22, 2026

Financial-Management Vendors in Self-Directed Medicaid Programs Are Not Joint Employers Absent “Significant Control” I. Introduction Ralph Talarico v. Public Partnerships LLC (3d Cir. May 19, 2026)...

Complaint Exhibits Can Defeat an FCRA § 1681s-2(b) Claim and Rule 9(b) Strictly Bars Vague Fraud/Conspiracy Pleading

Date: May 22, 2026

Complaint Exhibits Can Defeat an FCRA § 1681s-2(b) Claim and Rule 9(b) Strictly Bars Vague Fraud/Conspiracy Pleading I. Introduction In Gutti Rao v. Sleep Number Bed, Inc (3d Cir. May 18, 2026)...

Shaffer Footnote 36 Extends to New York Convention Award Enforcement: Property-Based (Quasi in Rem) Jurisdiction Without Minimum Contacts

Date: May 22, 2026

Shaffer Footnote 36 Extends to New York Convention Award Enforcement: Property-Based (Quasi in Rem) Jurisdiction Without Minimum Contacts I. Introduction Sociedad Concesionaria Metropolitana de Salud...

Rule 701 Boundary: Narcotics “Modus Operandi” Opinions Untethered to Case Facts Are Expert Testimony (Harmless Here)

Date: May 22, 2026

Rule 701 Boundary: Narcotics “Modus Operandi” Opinions Untethered to Case Facts Are Expert Testimony (Harmless Here) Case: United States v. Jabar Evans Court: Court of Appeals for the Third Circuit...

Turcios-Ortiz v. Blanche: Serious Nonpolitical Crime Bar Is Fact-Reviewed for Substantial Evidence and Admits No Duress Exception

Date: May 22, 2026

Serious Nonpolitical Crime Bar: Substantial-Evidence Review, Probable-Cause “Serious Reasons to Believe,” and No Duress Exception (Tenth Circuit) 1. Introduction Case: Turcios-Ortiz v. Blanche, No....

Arguable Probable Cause to Arrest for Kansas “Interference” Defeats Clearly-Established Prong in Citizen-Journalist Retaliatory Arrest Claims at the Pleading Stage

Date: May 22, 2026

Arguable Probable Cause to Arrest for Kansas “Interference” Defeats Clearly-Established Prong in Citizen-Journalist Retaliatory Arrest Claims at the Pleading Stage Case: Eravi v. City Commission of...