Puerto Rico Case Commentaries

Drug-Trafficking Nexus to a Residence: Reliable Informant Tips Plus Agent Experience Can Supply Probable Cause; Immaterial Misstatements Defeat a Franks Claim

Date: May 22, 2026

Drug-Trafficking Nexus to a Residence: Reliable Informant Tips Plus Agent Experience Can Supply Probable Cause; Immaterial Misstatements Defeat a Franks Claim Case: United States v. Cangro, No....

Rule 16(a)(1)(G) Rebuttal-Expert Disclosure Is Triggered Only by the Defense’s Timely Disclosed Expert Opinions (Not Undisclosed New Trial Opinions)

Date: May 22, 2026

Rule 16(a)(1)(G) Rebuttal-Expert Disclosure Is Triggered Only by the Defense’s Timely Disclosed Expert Opinions (Not Undisclosed New Trial Opinions) Case: United States v. Crow (No. 24-1377) | Court:...

Extraordinary Writs from Interlocutory Criminal Orders Require a Gaughan Findings Order; the State Must Show “Flagrant” Prejudice to Prosecute

Date: May 22, 2026

Extraordinary Writs from Interlocutory Criminal Orders Require a Gaughan Findings Order; the State Must Show “Flagrant” Prejudice to Prosecute Case: State of West Virginia ex rel. State of West...

State v. Pinkerton—Holistic Probable Cause for Cell-Phone Records and Voluntary Buccal-Swab Consent Assessed by Totality of Circumstances

Date: May 22, 2026

State v. Pinkerton—Holistic Probable Cause for Cell-Phone Records and Voluntary Buccal-Swab Consent Assessed by Totality of Circumstances 1. Introduction State v. Isaiah Pinkerton (R.I. May 19, 2026)...

Rule 32.1 Notice Must Track the Condition Alleged When Conduct Is Treated as a Higher-Grade “New Crime” Violation—But Plain-Error Relief Requires Prejudice

Date: May 22, 2026

Rule 32.1 Notice Must Track the Condition Alleged When Conduct Is Treated as a Higher-Grade “New Crime” Violation—But Plain-Error Relief Requires Prejudice Case: United States v. Ortiz-Rodríguez (1st...

Massachusetts Carjacking Is Not Categorically a Career-Offender “Crime of Violence” Under U.S.S.G. § 4B1.2(a)(1)

Date: May 22, 2026

Massachusetts Carjacking Is Not Categorically a Career-Offender “Crime of Violence” Under U.S.S.G. § 4B1.2(a)(1) I. Introduction In United States v. Pimental (1st Cir. May 20, 2026), the First...

“By Means of Deceit” Includes Third-Party Deception Under Colorado’s Attempt-to-Influence Statute (Hupke v. People)

Date: May 22, 2026

“By Means of Deceit” Includes Third-Party Deception Under Colorado’s Attempt-to-Influence Statute Introduction In Hupke v. People, 2026 CO 31, the Colorado Supreme Court resolved a question about the...

Boe v. Children’s Hosp. Colo.: In CADA Preliminary-Injunction Cases, Public Interest and Equities Cannot Be Defeated by Headcounts or Speculative Federal Retaliation

Date: May 22, 2026

Boe v. Children’s Hosp. Colo.: In CADA Preliminary-Injunction Cases, Public Interest and Equities Cannot Be Defeated by Headcounts or Speculative Federal Retaliation Citation: Boe v. Children's Hosp....

Medical-Judgment Deference in Prison Pain Management: Discontinuing Gabapentinoids Without Immediate Replacement Is Not Deliberate Indifference Absent a Substantial Departure from Professional Standards

Date: May 22, 2026

Medical-Judgment Deference in Prison Pain Management: Discontinuing Gabapentinoids Without Immediate Replacement Is Not Deliberate Indifference Absent a Substantial Departure from Professional...

Prison Pain-Medication Limits and the Eighth Amendment: No Deliberate Indifference Absent Proof of Purposeful Disregard and Unreasonable Response

Date: May 22, 2026

Prison Pain-Medication Limits and the Eighth Amendment: No Deliberate Indifference Absent Proof of Purposeful Disregard and Unreasonable Response Case: Jeffrey D. Leiser v. Daniel LaVoie, et al....

La. R.S. 30:29 Remediation Cases: Partial Summary Judgments on Environmental Damage/Responsibility Are Not Appealable Absent La. C.C.P. art. 1915(B) Certification (and Are Not “Declaratory Judgments” by Label)

Date: May 22, 2026

La. R.S. 30:29 Remediation Cases: Partial Summary Judgments on Environmental Damage/Responsibility Are Not Appealable Absent La. C.C.P. art. 1915(B) Certification (and Are Not “Declaratory Judgments”...

Piggybacking Under General Municipal Law § 103(16) Is Limited to Purchase Contracts, Not Public Works Construction

Date: May 22, 2026

Piggybacking Under General Municipal Law § 103(16) Is Limited to Purchase Contracts, Not Public Works Construction 1. Introduction In Matter of Daniel J. Lynch, Inc. v Board of Educ. of the...

Substantial Evidence in Prison Discipline: Unexplained Absence of Expected Body‑Worn Camera Footage Undermines Reliability

Date: May 22, 2026

Substantial Evidence in Prison Discipline: Unexplained Absence of Expected Body‑Worn Camera Footage Undermines Reliability 1. Introduction Matter of McPherson v Hill (2026 NY Slip Op 03216 [3d Dept...

Solop v. Solop: Deployed Parents Have No Unilateral Right to Delegate Court-Ordered Custodial Time Under Mississippi Code § 93-5-34

Date: May 22, 2026

Solop v. Solop: Deployed Parents Have No Unilateral Right to Delegate Court-Ordered Custodial Time Under Mississippi Code § 93-5-34 1. Introduction Case: Solop v. Solop (Supreme Court of Mississippi,...

OCFS May Not Create a Parallel, Non‑Judicial Foster-Placement System by Regulation: Host Family Home Rules Annulled

Date: May 22, 2026

OCFS May Not Create a Parallel, Non‑Judicial Foster-Placement System by Regulation: Host Family Home Rules Annulled Matter of Lawyers for Children v. New York State Off. of Children & Family Servs.,...

Filing a CPL 250.10 Notice Waives Physician/Psychologist Privilege for Related Civil Discovery

Date: May 22, 2026

Filing a CPL 250.10 Notice Waives Physician/Psychologist Privilege for Related Civil Discovery Commentary on S.M. v City of New York, 2026 NY Slip Op 03248 (App Div, 1st Dept May 21, 2026). 1)...

Confrontation Clause Waiver in Minnesota: No Plain Error When Counsel Agrees to Admit Prior Testimony Without Defendant’s Personal Waiver

Date: May 21, 2026

Confrontation Clause Waiver in Minnesota: No Plain Error When Counsel Agrees to Admit Prior Testimony Without Defendant’s Personal Waiver 1. Introduction In State of Minnesota v. Steven Douglas...

United States v. McKay: Preserved Objection Allows New Appellate Arguments; Vague “Third-Party Risk” Condition Vacated

Date: May 21, 2026

United States v. McKay: Preserved Objection Allows New Appellate Arguments; Vague “Third-Party Risk” Condition Vacated 1. Introduction In United States v. Dennis McKay (7th Cir. May 20, 2026), the...

PLRA Exhaustion Requires Waiting Out the ARB’s Six-Month Review Period and Grievances Must Give Fair Notice of the Specific Denial

Date: May 21, 2026

PLRA Exhaustion Requires Waiting Out the ARB’s Six-Month Review Period and Grievances Must Give Fair Notice of the Specific Denial 1. Introduction In Jesse R. Perez v. Mohammed Siddiqui (7th Cir. May...

Facial Illegality on Revocation: A Sentence That Increases the Imprisonment Term Is Unlawful Even If Credits Might “Net Out”

Date: May 21, 2026

Facial Illegality on Revocation: A Sentence That Increases the Imprisonment Term Is Unlawful Even If Credits Might “Net Out” 1. Introduction Case: R. Burton v. Salmonsen (Supreme Court of Montana,...