Puerto Rico Case Commentaries

ALLER v. STATE (Ariz. Aug. 24, 2026) Commentary

Date: Aug 26, 2026

New Arizona Rule: Former Defendants Must Show “Particularized Need” to Use Lawfully Obtained Grand Jury Transcripts in Related Civil Suits Case: ALLER v. STATE, Supreme Court Of The State Of Arizona...

State v. Garces, Jr. (Haw. Aug. 24, 2026) — Hawaiʻi Constitution Requires an Express “Fifth Miranda Warning” and Continuing Right-to-Counsel Advisement (Prospective Only)

Date: Aug 26, 2026

Hawaiʻi Constitution Requires an Express “Fifth Miranda Warning” and Continuing Right-to-Counsel Advisement (Prospective Only) Case: State v. Garces, Jr., Supreme Court of Hawaiʻi (Aug. 24, 2026),...

UMB Bank, N.A. v. Tupulua — Standing in Foreclosure Requires Clear, Decoded Proof of Note Possession at Filing; Post-Ruling Stipulations Cannot Cure Ambiguity Inequitably

Date: Aug 26, 2026

Standing in Foreclosure Requires Clear, Decoded Proof of Note Possession at Filing; Post-Ruling Stipulations Cannot Cure Ambiguity Inequitably I. Introduction Case: UMB Bank, N.A. v. Tupulua, Supreme...

Workers’ Compensation Reconsideration Deadlines: The WCAB Cannot Equitably Toll Its Own Former Labor Code § 5909 60-Day “Deemed Denied” Period

Date: Aug 26, 2026

Workers’ Compensation Reconsideration Deadlines: The WCAB Cannot Equitably Toll Its Own Former Labor Code § 5909 60-Day “Deemed Denied” Period 1. Introduction In Mayor v. Workers' Comp. App. Bd. &...

Independent Trial-Court Factfinding Governs Necessity Challenges in Utility Condemnations Under the 1992 Rebuttable-Presumption Amendments

Date: Aug 26, 2026

Independent Trial-Court Factfinding Governs Necessity Challenges in Utility Condemnations Under the 1992 Rebuttable-Presumption Amendments 1. Introduction Town of Apple Valley v. Apple Valley Ranchos...

ALLER v. STATE (Ariz. 2026) Commentary

Date: Aug 26, 2026

Grand Jury Secrecy After Dismissal: “Particularized Need” Governs a Former Defendant’s Civil Use of Transcripts, with Mandatory In Camera Review and Tailored Use Conditions I. Introduction In ALLER...

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum

Date: Aug 26, 2026

Pereira Alves v. Blanche: “Avoiding the Locus” Is Not Internal Relocation; Indirect Family Harm and Non-Menacing Threats Do Not Compel Asylum 1. Introduction Pereira Alves v. Blanche (1st Cir. Aug....

Prior Professional Acquaintance Alone Does Not Require Recusal; Rule 60(b)(6) Cannot Repackage Earlier-Available Arguments in Hague Return Cases

Date: Aug 26, 2026

Prior Professional Acquaintance Alone Does Not Require Recusal; Rule 60(b)(6) Cannot Repackage Earlier-Available Arguments in Hague Return Cases Case: Dumitrascu v. Dumitrascu (10th Cir. Aug. 24,...

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable

Date: Aug 26, 2026

Disability and Foster-Care Licensure: Individualized Assessment Required, but Applicants Must Offer a Concrete, Reliable Assistance Plan to Make Physical-Care Accommodations Reasonable Introduction...

Indefinite Telework That Fully Meets Medical Limitations Defeats an ADA § 12112(b)(5)(A) Failure-to-Accommodate Claim; Retaliation for Requesting an Accommodation Is Not Per Se Disability Discrimination

Date: Aug 26, 2026

Indefinite Telework That Fully Meets Medical Limitations Defeats an ADA § 12112(b)(5)(A) Failure-to-Accommodate Claim; Retaliation for Requesting an Accommodation Is Not Per Se Disability...

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a)

Date: Aug 26, 2026

Demand-for-Cash Rule: A Bank-Robbery Demand Alone Establishes “Intimidation” Under 18 U.S.C. § 2113(a) Case: United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) Issue: Whether passing a...

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant

Date: Aug 26, 2026

Eleventh Circuit: No Per Se Renewed Faretta Hearing After Superseding Indictment; Child-Witness Two-Way CCTV Permissible Even Against a Pro Se Defendant I. Introduction In United States v. Samuel...

Pereira Alves v. Blanche — Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility

Date: Aug 26, 2026

Avoiding a Targeted Household Is Not “Internal Relocation,” and a Relative’s Asylum Grant (Without Findings) Does Not Establish Prima Facie Eligibility I. Introduction Pereira Alves v. Blanche (1st...

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance

Date: Aug 26, 2026

No Evidentiary Hearing in Civil Contempt Absent a Genuine Dispute of Material Fact; Service on Counsel Can Supply Notice for Seizure-Warrant Compliance Case: United States v. Reynoso (No. 25-1328) |...

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice

Date: Aug 26, 2026

Rule 25’s 90-Day Clock Runs Absent a Successor/Representative, and Unserved Defendants Cannot Be Dismissed With Prejudice Case: Jeevan Malhotra v. Ajit Kumar (11th Cir. Aug. 24, 2026) (per curiam)...

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad

Date: Aug 26, 2026

Cancellation of Removal Hardship Review: Deferential Substantial-Evidence Scrutiny and the Required Showing of Unavailable Medical Care Abroad Case: Pranaykumar Umedbhai Patel v. U.S. Attorney...

Downing: Conclusory Group Pleading Fails Under Iqbal/Twombly; Monell Amendment Futile Without Policy/Custom; Pro Se Appellate Abandonment

Date: Aug 26, 2026

Conclusory “Group Pleading” Cannot Sustain a Pro Se § 1983 Claim; Monell Amendment Is Futile Absent an Alleged Policy/Custom; Issues Not Briefed in the Opening Appeal Are Abandoned 1. Introduction In...

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay

Date: Aug 26, 2026

Supervised-Release No-Contact Conditions Upheld When Tied to § 3553(a) and Supported by Reliable Corroborated Hearsay 1. Introduction In United States v. Antonio Oscar Tatum (11th Cir. Aug. 24, 2026)...

First Step Act § 404(b) Resentencing Cannot Reduce Statutory Mandatory-Minimum Supervised Release Using Nonretroactive § 401 Changes or Related Guidelines (Post-Concepcion)

Date: Aug 26, 2026

First Step Act § 404(b) Resentencing Cannot Reduce Statutory Mandatory-Minimum Supervised Release Using Nonretroactive § 401 Changes or Related Guidelines (Post-Concepcion) Introduction United States...

Rule 8(a) as a Standalone Basis to Dismiss Prolix § 1983 Complaints—and Appellate Forfeiture When the Rule 8 Ruling Is Not Challenged

Date: Aug 26, 2026

Rule 8(a) as a Standalone Basis to Dismiss Prolix § 1983 Complaints—and Appellate Forfeiture When the Rule 8 Ruling Is Not Challenged 1. Introduction Anderson v. Woods (10th Cir. Aug. 24, 2026) arose...