Puerto Rico Case Commentaries

“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat

Date: Jul 25, 2026

“Different Location” for Abduction Includes Forcing a Victim from a Room to a Getaway Car; Carjacking “Presence” Satisfied by Nearby Accessible Vehicle Under Threat Introduction In United States v....

United States v. Gray Rivera — Commentary

Date: Jul 25, 2026

Producer’s Intent Governs “Lascivious Exhibition” in Hidden-Camera Recordings; Curative Instructions Can Neutralize Incremental Rule 414 Surprise Testimony 1. Introduction In United States v. Gray...

Utility-Owned Streetlight Evidence Is Admissible in Municipal Premises-Liability Claims; Public Duty Doctrine Does Not Categorically Bar Lighting-Based Unsafe-Intersection Theories

Date: Jul 25, 2026

Utility-Owned Streetlight Evidence Is Admissible in Municipal Premises-Liability Claims; Public Duty Doctrine Does Not Categorically Bar Lighting-Based Unsafe-Intersection Theories I. Introduction In...

Dramshop Act Contribution Requires an “Award” Imposed Against the Defendant—Settlements Do Not Qualify

Date: Jul 25, 2026

Dramshop Act Contribution Requires an “Award” Imposed Against the Defendant—Settlements Do Not Qualify Introduction In RMB v. Celotto, 2026 UT 19, the Utah Supreme Court addressed a recurring...

Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View

Date: Jul 25, 2026

Qualified Immunity for a Ground Takedown When a Detainee Resists and Moves Hands Out of View 1. Introduction In Tyler Canaris v. Michael McMaster (11th Cir. July 23, 2026) (unpublished), the Eleventh...

Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring

Date: Jul 25, 2026

Operative Thieves Are Not “Fences” Under U.S.S.G. § 2B1.1(b)(4); Leadership Enhancement Applies When Defendant Directs a Five-Participant Car-Theft Ring 1. Introduction In United States v. Jamarus...

Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims

Date: Jul 24, 2026

Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims I. Introduction Brad Passwater v. Tricia Pretorius, et al. is a...

Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A)

Date: Jul 24, 2026

Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A) Introduction In United States v. Larry Doss (7th Cir....

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception”

Date: Jul 24, 2026

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception” Case: Debra Pratt...

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation

Date: Jul 24, 2026

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation I. Introduction In BBLI Edison, LLC v. City of Chicago (7th Cir....

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death

Date: Jul 24, 2026

Eleventh Circuit: The Bureau of Prisons ARP Forecloses New Bivens Medical-Care Claims Even When an Estate Cannot Use the Process After Death 1. Introduction In Carrin v. Smiledge (11th Cir. July 23,...

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits

Date: Jul 24, 2026

Fifth Amendment “Reasonableness” Limits Rule 4(k)(2) Jurisdiction Over Foreign Defendants in Helms‑Burton Trafficking Suits Case: Luis Manuel Rodriguez v. Imperial Brands, PLC (11th Cir. July 23,...

Tang v. State (Del. 2026) — No Per Se Duty to Activate MVR at First Suspicion; BAC Results Admissible Without Manufacturer Manual Upon Adequate Foundation

Date: Jul 24, 2026

No Per Se Duty to Activate Dash-Cam at First Suspicion; BAC Results Admissible Without Manufacturer Manual When an Adequate Foundation Is Laid Introduction Tang v. State (Del. July 23, 2026)...

Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice

Date: Jul 24, 2026

Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice Introduction In State v. Jaramillo, 2026 UT 20, the Utah...

In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion

Date: Jul 24, 2026

In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion 1. Introduction Case: In re J.M., 2026 UT 21...

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought

Date: Jul 24, 2026

AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought Introduction In...

County of Fulton Confined: Appellate Courts Cannot Use Fulton to Impose Trial-Level Fee Liability on Counsel Absent Trial-Court Findings

Date: Jul 24, 2026

County of Fulton Confined: Appellate Courts Cannot Use County of Fulton to Impose Trial-Level Fee Liability on Counsel Absent Trial-Court Findings 1. Introduction In Lukasik, G. v. Scotchlas, S.;...

Henson v. SCDC: No Interlocutory Appeals of Class Certification and Predominance Inherent in Rule 23(a)

Date: Jul 24, 2026

Henson v. SCDC: No Interlocutory Appeal of Class-Certification Orders; “Predominance” and a Qualitative Commonality Test Are Inherent in Rule 23(a) Court: Supreme Court of South Carolina Date: July...

Probation Has a Fixed Expiration Date: No Judge-Made “Absconding Extension,” and Bench Warrants Do Not Toll Without Proof at Gagnon II

Date: Jul 24, 2026

Probation Has a Fixed Expiration Date: No Judge-Made “Absconding Extension,” and Bench Warrants Do Not Toll Without Proof at Gagnon II Case: Commonwealth v. Hitchner (Pa. July 21, 2026) Court:...

Juvenile Adjudications May Rebut “Peaceful and Law-Abiding” Reputation Evidence: § 6354(b)(4) Not Limited by Pa.R.E. 405(a)(2)

Date: Jul 24, 2026

Juvenile Adjudications May Rebut “Peaceful and Law-Abiding” Reputation Evidence: § 6354(b)(4) Not Limited by Pa.R.E. 405(a)(2) Commentary on Commonwealth v. Serrano-Delgado (Pa. July 21, 2026)...