Puerto Rico Case Commentaries

Criminal FCA Estoppel for PPP Fraud and Standalone Excessive-Fines Review (No Restitution Aggregation)

Date: Aug 26, 2026

Criminal FCA Estoppel for PPP Fraud and Standalone Excessive-Fines Review (No Restitution Aggregation) 1. Introduction United States of America, ex rel. Ruth Collins v. Shelitha Renee Robertson (11th...

Tenth Circuit: “Reasonable, Good-Faith Efforts” to Find a Transient Witness Suffice for Confrontation-Clause Unavailability

Date: Aug 26, 2026

Tenth Circuit: “Reasonable, Good-Faith Efforts” to Find a Transient Witness Suffice for Confrontation-Clause Unavailability Case: United States v. Barker (No. 24-7100) Court: Court of Appeals for the...

Plain-Error Reversal When Jury Isn’t Told Government Must Disprove Imperfect Self-Defense Beyond a Reasonable Doubt

Date: Aug 26, 2026

Plain-Error Reversal When Jury Isn’t Told Government Must Disprove Imperfect Self-Defense Beyond a Reasonable Doubt Introduction In United States v. Phillips (10th Cir. Aug. 25, 2026), the Tenth...

Fourth Circuit Rejects the “Reason-for-Vacatur” Test: A Vacated Conviction Cannot Support Inadmissibility Under 8 U.S.C. § 1182(a)(2)(A)(i)

Date: Aug 26, 2026

Fourth Circuit Rejects the “Reason-for-Vacatur” Test: A Vacated Conviction Cannot Support Inadmissibility Under 8 U.S.C. § 1182(a)(2)(A)(i) I. Introduction In Lizbeyde Piedra v. Todd Blanche (4th...

Qualified Immunity at the Pleading Stage Requires Fact-Specific “Clearly Established” Law—General Anti-Retaliation and No-Probable-Cause Principles Are Not Enough

Date: Aug 26, 2026

Qualified Immunity at the Pleading Stage Requires Fact-Specific “Clearly Established” Law—General Anti-Retaliation and No-Probable-Cause Principles Are Not Enough 1. Introduction Fogleman-Laxey v....

Immediate Suspension for Noncooperation with Disciplinary Subpoenas and Unaccounted Estate Funds Under 22 NYCRR 1240.9

Date: Aug 26, 2026

Immediate Suspension for Noncooperation with Disciplinary Subpoenas and Unaccounted Estate Funds Under 22 NYCRR 1240.9 1. Introduction Matter of Stabile, Joanne (Appellate Division, Second...

Objection Deadlines Run from Mailing, Not Receipt: Untimely Objections Trigger the Firm Waiver Rule and Defeat a COA

Date: Aug 26, 2026

Objection Deadlines Run from Mailing, Not Receipt: Untimely Objections Trigger the Firm Waiver Rule and Defeat a COA Introduction In Martinez v. Bergman (10th Cir. Aug. 25, 2026), Jason Martinez, a...

Martinez-Viguerias: The BIA Must Give Cogent, Record-Engaging Reasons to Reject IJ CAT Factfinding Under Clear-Error Review

Date: Aug 26, 2026

Martinez-Viguerias: The BIA Must Give Cogent, Record-Engaging Reasons to Reject IJ CAT Factfinding Under Clear-Error Review 1. Introduction Case: Martinez-Viguerias v. Blanche, No. 25-9556 (10th Cir....

Reaffirming Valid Faretta Waivers and Intended-Loss Sentencing in PPP/EIDL Fraud (Anders Dismissal)

Date: Aug 26, 2026

Reaffirming Valid Faretta Waivers and Intended-Loss Sentencing in PPP/EIDL Fraud (Anders Dismissal) 1. Introduction In United States v. Divine-Seven El (7th Cir. Aug. 25, 2026) (nonprecedential), the...

Stanley’s Home-Privacy Shield Bars § 1466A(b)(1) as Applied to In-Home Possession of Obscene, AI-Generated “Virtual CSAM” Not Depicting Real Children

Date: Aug 26, 2026

Stanley’s Home-Privacy Shield Bars § 1466A(b)(1) as Applied to In-Home Possession of Obscene, AI-Generated “Virtual CSAM” Not Depicting Real Children Introduction In United States v. Steven Anderegg...

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders

Date: Aug 26, 2026

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders I. Introduction In United States v. David Taylor...

Rogers Compliance Without Express PSR Adoption: Incorporation of Standard Supervised-Release Conditions by Specific Reference, and Corroborated Controlled Buys as Relevant Conduct Despite Informant Recantation

Date: Aug 26, 2026

Rogers Compliance Without Express PSR Adoption: Incorporation of Standard Supervised-Release Conditions by Specific Reference, and Corroborated Controlled Buys as Relevant Conduct Despite Informant...

Qualified-Immunity Interlocutory Review Is Limited to Claims Actually Raised; Nonlethal Escalation to Extract a Barricaded, Resisting Suspect Is Objectively Reasonable

Date: Aug 26, 2026

Qualified-Immunity Interlocutory Review Is Limited to Claims Actually Raised; Nonlethal Escalation to Extract a Barricaded, Resisting Suspect Is Objectively Reasonable I. Introduction In Cutshall v....

Qualified-Immunity Interlocutory Appeals Reach Only Claims Actually Raised Below

Date: Aug 26, 2026

Qualified-Immunity Interlocutory Appeals Reach Only Claims Actually Raised Below Case: Cutshall v. Sandor Court: United States Court of Appeals for the Fifth Circuit Date: August 24, 2026...

Procedural Forfeiture Limits the Record on Appeal in § 922(g)(1) Second Amendment As-Applied Cases

Date: Aug 26, 2026

Procedural Forfeiture Limits the Record on Appeal in § 922(g)(1) Second Amendment As-Applied Cases I. Introduction United States v. Luna (5th Cir. Aug. 24, 2026) arose from a federal indictment...

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence

Date: Aug 26, 2026

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence 1. Introduction In State v. Keville, the Supreme Court...

Nonbinding Executive Orders, Speculative Implementation, and State Standing: Trump v. California (2026)

Date: Aug 26, 2026

States Lack Standing to Enjoin Nonbinding Executive Orders Absent Concrete Injury, and “Planning Costs” Cannot Create Article III Jurisdiction Case: Trump v. California, 609 U. S. ____ (2026) (per...

Delaware FOIA: No Attorney-Fee Awards in State-Agency “On-the-Record” Appeals; Agencies Must Provide Sworn Search Details and Disclose Segregable Personnel-File Information (Including Anonymized Demographics)

Date: Aug 26, 2026

Delaware FOIA: No Attorney-Fee Awards in State-Agency “On-the-Record” Appeals; Agencies Must Provide Sworn Search Details and Disclose Segregable Personnel-File Information (Including Anonymized...

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies

Date: Aug 26, 2026

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies 1. Introduction United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) is a consolidated...

Upward Variances May Not Punish Non‑Cooperation: The Second Circuit Requires Sindima-Specific Findings and Reassignment When Sentencing References Failure to Help Recover Firearms

Date: Aug 26, 2026

Upward Variances May Not Punish Non‑Cooperation: The Second Circuit Requires Sindima-Specific Findings and Reassignment When Sentencing References Failure to Help Recover Firearms 1. Introduction In...