Puerto Rico Case Commentaries

AEDPA “Double Deference” Controls Habeas Review of State-Court Manifest-Necessity Mistrials Triggered by Defense Opening Statements

Date: Jul 21, 2026

AEDPA “Double Deference” Controls Habeas Review of State-Court Manifest-Necessity Mistrials Triggered by Defense Opening Statements Introduction In Keith Wood v. Shawn Straughn (Fourth Circuit, July...

Sua Sponte Statute-of-Limitations Dismissal Is Improper When Equitable Tolling May Apply and the Prisoner Lacked Notice and a Chance to Respond

Date: Jul 21, 2026

Sua Sponte Statute-of-Limitations Dismissal Is Improper When Equitable Tolling May Apply and the Prisoner Lacked Notice and a Chance to Respond Introduction In Anthony Dowell v. Laurel Harry (3d Cir....

United States v. Alan Dorsey — Extending a Completed Traffic Stop Requires Independent Reasonable Suspicion; a Passenger’s Hesitation to Give a Last Name Is Not Enough

Date: Jul 21, 2026

Extending a Completed Traffic Stop Requires Independent Reasonable Suspicion; a Passenger’s Hesitation to Give a Last Name Is Not Enough Introduction In United States v. Alan Dorsey (3d Cir. July 17,...

Peer Racial Harassment and Equal Protection: Deliberate Indifference by School Officials Is Clearly Established (Tenth Circuit)

Date: Jul 21, 2026

Peer Racial Harassment and Equal Protection: Deliberate Indifference by School Officials Is Clearly Established (Tenth Circuit) 1. Introduction Wilson v. Stoltenberg (10th Cir. July 17, 2026)...

United States v. Marascio: Applying the Roland Factors to a Prosecutor’s Single Closing-Argument Reference to Co‑Conspirators’ Guilty Pleas

Date: Jul 20, 2026

United States v. Marascio: Applying the Roland Factors to a Prosecutor’s Single Closing-Argument Reference to Co‑Conspirators’ Guilty Pleas 1. Introduction In United States v. Marascio (5th Cir. July...

Mootness by Resignation: Vacatur of Federal Injunction When the Challenged Ethics Conflict No Longer Applies

Date: Jul 20, 2026

Mootness by Resignation: Vacatur of Federal Injunction When the Challenged Ethics Conflict No Longer Applies 1. Introduction Local 1374, Jefferson Parish Firefighters Association (the “Union”)...

Res Judicata as a Stop-Sign for Serial Bankruptcy-Related Litigation: Acis Capital Management v. Dondero

Date: Jul 20, 2026

Res Judicata as a Stop-Sign for Serial Bankruptcy-Related Litigation: Acis Capital Management v. Dondero Court: United States Court of Appeals for the Fifth Circuit Date: July 17, 2026 Disposition:...

Ayers v. Neugebauer: Post-Petition Arbitration Discovery on Estate-Owned Fiduciary-Duty Claims Violates the Automatic Stay; § 362(k) Fees Are Mandatory and Reviewed for Clear Error

Date: Jul 20, 2026

Ayers v. Neugebauer: Post-Petition Arbitration Discovery on Estate-Owned Fiduciary-Duty Claims Violates the Automatic Stay; § 362(k) Fees Are Mandatory and Reviewed for Clear Error 1. Introduction...

Courtesy Copies Are Not “Government Records” Under Texas Penal Code § 37.10(a)(1): Probable Cause, Franks Liability, and Retaliatory Arrest in Thompson v. McGehee

Date: Jul 20, 2026

Courtesy Copies Are Not “Government Records” Under Texas Penal Code § 37.10(a)(1): Probable Cause, Franks Liability, and Retaliatory Arrest in Thompson v. McGehee I. Introduction In Thompson v....

Foreseeable Post-Payment Wires and Concealment Transfers Satisfy “In Furtherance” for Wire Fraud

Date: Jul 20, 2026

Foreseeable Post-Payment Wires and Concealment Transfers Satisfy “In Furtherance” for Wire Fraud Introduction In United States v. Youngblood (5th Cir. July 17, 2026) (per curiam) (unpublished), the...

Certification Despite Prior Erie Prediction: Fourth Circuit Sends South Carolina “Adequate Warning vs. Design Defect” Question to State Supreme Court

Date: Jul 20, 2026

Certification Despite Prior Erie Prediction: Fourth Circuit Sends South Carolina “Adequate Warning vs. Design Defect” Question to State Supreme Court I. Introduction Jesse Near v. Enerco Group, Inc....

Generalized Gang Extortion/Recruitment Motives Do Not Establish Asylum Nexus Without Petitioner-Specific Evidence; BIA Need Not Remand for “Clear Factual or Legal Error” Shorthand Absent Identified Misreview

Date: Jul 20, 2026

Generalized Gang Extortion/Recruitment Motives Do Not Establish Asylum Nexus Without Petitioner-Specific Evidence; BIA Need Not Remand for “Clear Factual or Legal Error” Shorthand Absent Identified...

Non‑Unanimous Court‑Martial Verdict Claims Are Non‑Jurisdictional and Unreviewable on Federal Habeas After “Full and Fair” Military Consideration

Date: Jul 20, 2026

Non‑Unanimous Court‑Martial Verdict Claims Are Non‑Jurisdictional and Unreviewable on Federal Habeas After “Full and Fair” Military Consideration Introduction In Jamie Brown v. Troy Meink (4th Cir....

Deferred Enforced Departure Is Not an Immigration “Status”: “Admitted in Any Status” Under 8 U.S.C. § 1229b(a)(2) Requires Entry in an INA-Recognized Classification

Date: Jul 20, 2026

Deferred Enforced Departure Is Not an Immigration “Status”: “Admitted in Any Status” Under 8 U.S.C. § 1229b(a)(2) Requires Entry in an INA-Recognized Classification Case: Alejandra Montesinos...

Receivers May Modify Self-Dealing Lease Terms Despite Attornment Clauses; Conclusory “Lender Breach” Allegations Do Not Vacate Default

Date: Jul 20, 2026

Receivers May Modify Self-Dealing Lease Terms Despite Attornment Clauses; Conclusory “Lender Breach” Allegations Do Not Vacate Default 1. Introduction ICON PSG 1 FL, LLC v. Jenkins Court Realty Co.,...

Maccagnan v. Cherry Creek School District No. 5: No Due-Process Property Interest for Colorado Principals on One-Year Contracts; Equal Pay Act Pretext Not an Element; Comparator Proof Turns on the Decisionmaker Who Caused the Differential Treatment

Date: Jul 20, 2026

Maccagnan v. Cherry Creek School District No. 5: No Due-Process Property Interest for Colorado Principals on One-Year Contracts; Equal Pay Act Pretext Not an Element; Comparator Proof Turns on the...

Rule 11 and § 9-29-21 Sanctions in Divorce: Counsel Fees Without a Financial-Need Prerequisite

Date: Jul 20, 2026

Rule 11 and § 9-29-21 Sanctions in Divorce: Counsel Fees Without a Financial-Need Prerequisite Introduction In Cassandra Constantino v. Zsolt Orban (R.I. July 17, 2026), the Rhode Island Supreme...

Post-Deed Notice Cannot Cure Failed Pre-Deed Notice: Jones v. Flowers Applied to New Hampshire Municipal Tax Deeds

Date: Jul 20, 2026

Post-Deed Notice Cannot Cure Failed Pre-Deed Notice: Jones v. Flowers Applied to New Hampshire Municipal Tax Deeds 1. Introduction In Manutsom v. Town of Hollis, 2026 N.H. 27, the Supreme Court of...

“Sole Discretion” Still Requires a Reason: “Warranted” Dealer Appointments Need Only a Contract-Objective Rationale, and the Implied Covenant Cannot Add Extra-Contractual Disclosure Duties

Date: Jul 20, 2026

“Sole Discretion” Still Requires a Reason: “Warranted” Dealer Appointments Need Only a Contract-Objective Rationale, and the Implied Covenant Cannot Add Extra-Contractual Disclosure Duties 1....

Attorney-Client Privilege and Third Parties: Objective Necessity, Proponent’s Burden, and Prospective Correction of Accomazzo

Date: Jul 20, 2026

Attorney-Client Privilege and Third Parties: Objective Necessity, Proponent’s Burden, and Prospective Correction of Accomazzo Case: GELVIN v. HON. PARKER/GELVIN (Arizona Supreme Court) Date: July 17,...