Puerto Rico Case Commentaries

Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard

Date: Sep 1, 2026

Binoculars-as-Stalking Evidence and Flight-Risk Handcuffing: Sixth Circuit Clarifies Gant’s “Reasonable-to-Believe” Vehicle Search Standard I. Introduction In United States v. Michael Hoffpowier (6th...

Disbelief Alone Cannot Prove Lack of Authorization in Tennessee Forgery Sufficiency Review

Date: Sep 1, 2026

Disbelief Alone Cannot Prove Lack of Authorization in Tennessee Forgery Sufficiency Review Case: State of Tennessee v. Ginny Elizabeth Parker (Dissenting) Court: Supreme Court of Tennessee Date:...

NRS 175.151: Two-Counsel Jury Argument Is Required Only When the State Seeks the Death Penalty

Date: Sep 1, 2026

NRS 175.151: Two-Counsel Jury Argument Is Required Only When the State Seeks the Death Penalty Case: RANDOLPH (THOMAS) v. STATE (CRIMINAL) (Nev. Sup. Ct. No. 88625) Date: 2026-08-31 Disposition:...

State v. Parker: Corroborated False Exculpatory Statements as Affirmative Proof of Non-Authorization in Forgery

Date: Sep 1, 2026

Corroborated False Exculpatory Statements as Affirmative Proof of Non-Authorization in Tennessee Forgery Sufficiency Review Case: State of Tennessee v. Ginny Elizabeth Parker (Tenn. Aug. 31, 2026)...

Nonfinal Sanctions Orders Are Not Appealable Until Fee Awards Are Reduced to a Sum Certain

Date: Aug 31, 2026

Nonfinal Sanctions Orders Are Not Appealable Until Fee Awards Are Reduced to a Sum Certain Introduction Case: Underwood v. Bank of America Corporation (10th Cir. Aug. 28, 2026). Parties: Erik M....

Probation-Revocation Resentencing Must Begin with Chapter 7: United States v. Moon Seals Abrogates Moore I

Date: Aug 31, 2026

Probation-Revocation Resentencing Must Begin with Chapter 7: United States v. Moon Seals Abrogates Moore I 1. Introduction In No. 24-1028, the United States Court of Appeals for the Tenth Circuit (en...

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation

Date: Aug 31, 2026

Conflict-of-Interest Malpractice Requires Pleading a Colorable Lost Claim and Statute-of-Limitations Causation 1. Introduction Amanda Sima v. Benesch, Friedlander, Coplan & Aronoff LLP and Justin...

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard

Date: Aug 31, 2026

A Verbal Dispute and a Single Missed Swing Are Insufficient “Notice” of a High-Degree Risk Under the Fourteenth Amendment Failure-to-Protect Standard 1. Introduction Randy Talley v. Carl Gloede (7th...

Kortmeyer v. Hendrix (322 Neb. 102)

Date: Aug 31, 2026

Routine Yard Maintenance Does Not Establish “Notorious” Possession, and Renting the Record Lot Makes Use Permissive—Defeating Nebraska Adverse Possession Introduction In Kortmeyer v. Hendrix, 322...

Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers

Date: Aug 31, 2026

Fifth Circuit Adopts a “Transmit Requirement” for Public Display Claims and Holds URLs May Qualify as DMCA CMI Only When They Clearly Convey Statutory Identifiers Introduction In Emmerich Newspapers,...

APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice

Date: Aug 31, 2026

APA Notice-and-Comment Defects in FDA Drug-Shortage Delistings Require a Showing of Prejudice (and Tirzepatide’s Delisting Survives Arbitrary-and-Capricious Review) 1. Introduction Outsourcing...

Pure Self-Defense Only Negates Criminal-Discharge Predicate Felony Murder; “Light Most Favorable” Applies Even to Unrequested Instructions

Date: Aug 31, 2026

Pure Self-Defense Only Negates Criminal-Discharge Predicate Felony Murder; “Light Most Favorable” Applies Even to Unrequested Instructions Introduction State v. Banks is a direct appeal from Sedgwick...

Alaska Supreme Court Upholds DNR Rule Requiring Rent on Expired Leases During Appeals

Date: Aug 31, 2026

New Rule Confirmed: DNR May Require Annual Rent on Expired Oil & Gas Leases During Pending Unitization Applications/Appeals, and Nonpayment Validly Terminates Leases—Rendering Related Unitization...

State v. Cavitt: Kidnapping “Facilitation” Returns to the Statute—State v. Buggs Overruled

Date: Aug 31, 2026

State v. Cavitt: Kidnapping “Facilitation” Returns to the Statute—State v. Buggs Overruled Introduction In State v. Cavitt (Kan. Aug. 28, 2026), the Kansas Supreme Court affirmed Shannon Berry Cavitt...

Successive K.S.A. 21-2512 DNA Petitions: “At Any Time” Means Not Barred by Res Judicata When New Grounds Are Raised, but Retesting Requires Specific “New Technique” Pleading and Testing Still Must Be Potentially Exculpatory

Date: Aug 31, 2026

Successive K.S.A. 21-2512 DNA Petitions: “At Any Time” Means Not Barred by Res Judicata When New Grounds Are Raised, but Retesting Requires Specific “New Technique” Pleading and Testing Still Must Be...

Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence

Date: Aug 31, 2026

Harmless-Error Validation of FDA Drug-Shortage Delisting Without Notice-and-Comment When Stakeholders Had Actual Notice and a Meaningful Opportunity to Submit Evidence 1. Introduction Outsourcing...

Clerical Misstatement on DMV Medical Review Form by Treating Physician Sounds in Ordinary Negligence (3-Year Limitations Period), Not Medical Malpractice

Date: Aug 31, 2026

Clerical Misstatement on DMV Medical Review Form by Treating Physician Sounds in Ordinary Negligence (3-Year Limitations Period), Not Medical Malpractice I. Introduction Case: Lafferty v Avila, 2026...

No-Action Clause Voting Rights Turn on Outstanding Certificate Principal Balance—Physical Possession of “Worthless” RMBS Certificates Does Not Confer Standing

Date: Aug 31, 2026

No-Action Clause Voting Rights Turn on Outstanding Certificate Principal Balance—Physical Possession of “Worthless” RMBS Certificates Does Not Confer Standing 1. Introduction In Matter of HBK Master...

People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief)

Date: Aug 31, 2026

People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief) Supreme Court of California — August...

Matter of Chen: Federal Felony Convictions Without “Essential Similarity” Do Not Trigger Automatic Disbarment on a Thin Record, But Still Support Disbarment as “Serious Crimes”

Date: Aug 31, 2026

Matter of Chen: Federal Felony Convictions Without “Essential Similarity” Do Not Trigger Automatic Disbarment on a Thin Record, But Still Support Disbarment as “Serious Crimes” Introduction Matter of...