Puerto Rico Case Commentaries

Bruen Step Two Sustains 18 U.S.C. § 922(g)(5)(A): Allegiance-Based Historical Analogues and the “Why/How” Inquiry for Firearm Disabilities on Unlawfully Present Aliens

Date: May 6, 2026

Bruen Step Two Sustains 18 U.S.C. § 922(g)(5)(A): Allegiance-Based Historical Analogues and the “Why/How” Inquiry for Firearm Disabilities on Unlawfully Present Aliens 1. Introduction United States...

Adhering to Khan: No Appellate Jurisdiction to Review Untimely Asylum Determinations Absent a Developed “Question of Law” Theory

Date: May 6, 2026

Adhering to Khan: No Appellate Jurisdiction to Review Untimely Asylum Determinations Absent a Developed “Question of Law” Theory Case: Sanaullah Mohammed v. Todd W. Blanche, No. 25-1901 Court: U.S....

Eleventh Circuit Reaffirms: (1) the 10% Absolute-Disparity Benchmark Governs Fair-Cross-Section/JSSA Challenges, (2) Limited Strike Statistics May Not Create a Batson Inference, and (3) Rozier/Dubois II Foreclose Second Amendment Attacks on § 922(g)(1)

Date: May 6, 2026

Eleventh Circuit Reaffirms: (1) the 10% Absolute-Disparity Benchmark Governs Fair-Cross-Section/JSSA Challenges, (2) Limited Strike Statistics May Not Create a Batson Inference, and (3) Rozier/Dubois...

Wire Fraud Has No Economic-Loss Requirement After Kousisis: Discount-Diversion Misrepresentations Are Actionable

Date: May 6, 2026

Wire Fraud Has No Economic-Loss Requirement After Kousisis: Discount-Diversion Misrepresentations Are Actionable Introduction In United States v. Byramji Moneck Javat (11th Cir. May 5, 2026)...

Hess v. Oakland County: No Preliminary Injunction to Block a Threatened State Prosecution for Past Speech Absent Concrete Future Chill or Inadequate State Remedies

Date: May 6, 2026

Hess v. Oakland County: No Preliminary Injunction to Block a Threatened State Prosecution for Past Speech Absent Concrete Future Chill or Inadequate State Remedies I. Introduction In Andrew Hess v....

Peavy v. State: Clarifying Edge Non-Sequential Jury Practice, Rule 702 Relevance-First Exclusion, and the Narrow Scope of Repugnant Verdicts

Date: May 6, 2026

Peavy v. State: Clarifying Edge Non-Sequential Jury Practice, Rule 702 Relevance-First Exclusion, and the Narrow Scope of Repugnant Verdicts 1. Introduction In Peavy v. State (Supreme Court of...

Dickey v. State (Ga. 2026): No Remand for Sparse Suppression Orders; Juvenile Miranda Waiver Valid Despite Parent Absence and Brief Bathroom Delay

Date: May 6, 2026

Dickey v. State (Ga. 2026): No Remand for Sparse Suppression Orders; Juvenile Miranda Waiver Valid Despite Parent Absence and Brief Bathroom Delay Introduction In Dickey v. State (decided May 5,...

Municipal Sidewalk-Defect Liability Turns on Notice and Negligent Maintenance—not an “Affirmative Act” Requirement

Date: May 6, 2026

Municipal Sidewalk-Defect Liability Turns on Notice and Negligent Maintenance—not an “Affirmative Act” Requirement 1. Introduction Johnson v. City of Vidalia reached the Supreme Court of Georgia on a...

United States v. Price — No Sua Sponte Rule 32.1 Balancing Required Absent a Confrontation/Hearsay Objection at Supervised-Release Revocation

Date: May 6, 2026

United States v. Price — No Sua Sponte Rule 32.1 Balancing Required Absent a Confrontation/Hearsay Objection at Supervised-Release Revocation 1. Introduction In United States v. Price (10th Cir. May...

Interlocutory Appeals Under C.A.R. 4.1 Do Not Reach Statutory “Exclusion” Orders Under Colorado’s Body-Worn Camera Law

Date: May 6, 2026

Interlocutory Appeals Under C.A.R. 4.1 Do Not Reach Statutory “Exclusion” Orders Under Colorado’s Body-Worn Camera Law I. Introduction In People v. Schneider, 2026 CO 27, the Colorado Supreme Court...

Concurrent-Sentence Merger Fixes the Start Date for Cross-Case Credit; Stipulated Street-Time Credit Is Waived on Appeal

Date: May 6, 2026

Concurrent-Sentence Merger Fixes the Start Date for Cross-Case Credit; Stipulated Street-Time Credit Is Waived on Appeal Case: State v. K. Schmiedeke, 2026 MT 96 (Mont. May 5, 2026) Court: Supreme...

Affidavit-Threshold Requirement for Parenting-Plan Modification: Courts May Deny Without Hearing Absent a Statutory Showing of Changed Child Circumstances

Date: May 6, 2026

Affidavit-Threshold Requirement for Parenting-Plan Modification: Courts May Deny Without Hearing Absent a Statutory Showing of Changed Child Circumstances 1. Introduction Case: In re the Parenting of...

McDonnell Douglas Remains Binding Despite a Supreme Court Concurrence; Title VII Claims Fail Without Proper Comparators and But-For Pretext Proof

Date: May 6, 2026

McDonnell Douglas Remains Binding Despite a Supreme Court Concurrence; Title VII Claims Fail Without Proper Comparators and But-For Pretext Proof I. Introduction Case: White v. North Louisiana...

Spurlock v. Wexford: Standing for Injunctive Classes May Require Remand; Absent-Member Standing Is Not a Pre-Certification Prerequisite for (b)(3) Damages Certification

Date: May 6, 2026

Spurlock v. Wexford: Standing for Injunctive Classes May Require Remand; Absent-Member Standing Is Not a Pre-Certification Prerequisite for (b)(3) Damages Certification I. Introduction Case: Lauren...

Takings Claims Require Ownership of the Taken Property (Standing May Exist Without a Meritorious Takings Right)

Date: May 6, 2026

Takings Claims Require Ownership of the Taken Property (Standing May Exist Without a Meritorious Takings Right) Case: Poppleton Now Community Association, Inc. v. La Cite Development, LLC Court:...

Fourth Circuit Limits Sua Sponte Remands: Non-Jurisdictional Removal Defects Must Be Raised by a Timely Party Motion Under 28 U.S.C. § 1447(c)

Date: May 6, 2026

Fourth Circuit Limits Sua Sponte Remands: Non-Jurisdictional Removal Defects Must Be Raised by a Timely Party Motion Under 28 U.S.C. § 1447(c) Case: ColonialWebb Contractors Company v. Hill Phoenix,...

Second Amendment “Historical Tradition” Upholds § 922(g)(5)(A) When Modern Immigration Status Creates a “Regulable-Relationship” Rationale

Date: May 6, 2026

Second Amendment “Historical Tradition” Upholds § 922(g)(5)(A) When Modern Immigration Status Creates a “Regulable-Relationship” Rationale Case: United States v. Vizcaino-Peguero (1st Cir. May 5,...

EMTALA Obligations End Upon Good-Faith Inpatient Admission; Florida “Anti-Dumping” Statute Targets Staff, Not Hospitals

Date: May 6, 2026

EMTALA Obligations End Upon Good-Faith Inpatient Admission; Florida “Anti-Dumping” Statute Targets Staff, Not Hospitals I. Introduction In Lisa Matthews v. Ascension St. Vincents Clay County Hospital...

Post-Kousisis Wire Fraud: Misrepresentations to Obtain Discounted “Export-Only” Pricing Constitute a Scheme to Obtain Property Without an Economic-Loss Requirement

Date: May 6, 2026

Post-Kousisis Wire Fraud: Misrepresentations to Obtain Discounted “Export-Only” Pricing Constitute a Scheme to Obtain Property Without an Economic-Loss Requirement Introduction United States v....

Wire Fraud After Kousisis: Economic Loss Not Required, and Lost Profits May Measure Loss/Restitution in Export-Discount Diversion Schemes

Date: May 6, 2026

Wire Fraud After Kousisis: Economic Loss Not Required, and Lost Profits May Measure Loss/Restitution in Export-Discount Diversion Schemes 1. Introduction In United States v. Calh Holding Corp. (11th...