Immunity Law
 
STATE OF KANSAS V. SONY UK

The State appeals the district court's grant of immunity given to Sony Uk and the dismissal of attempted voluntary manslaughter or, alternatively, aggravated battery charges against him. Upon our review, we reverse the grant of immunity and dismissal of the charges and remand for the refiling of the complaint and for further proceedings.

On April 7, 2015, Uk was charged in Lyon County D

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BREANN DREW and ZANE DREW, by and through their Father, Natural Guardian, and Next Friend RUSS DREW v. STATE OF KANSAS

On an otherwise quiet Sunday afternoon in May 2007, Kansas Highway Patrol Master Trooper Michael Gruber observed a speeding car and began what ordinarily would be a routine traffic stop. But the driver, Charles Barker, sped away, which resulted in a high-speed chase on I-635 and K-32 (Kansas Avenue) in Wyandotte County. The chase ended when Barker drove into traffic coming from the other direction

More...   $1100000 (10-11-2016 - KS)

United States of America v. Steven Harris

Spokane, WA - Spokane, Washington Man Sentenced to 25 Years in Federal Prison for Attempted Production of Child Pornography

Steven Harris, of Spokane, Washington, was sentenced after having previously pleaded guilty on June 28, 2016, to attempted production of child pornography. United States District Judge Salvador Mendoza, Jr. sentenced Harris to a 25-year term of imprisonment, to be fo

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GARY MARTIN V. STEPHEN O'DANIEL AND MIKE SAPP V. STEPHEN O'DANIEL AND BOBBY MOTLEY V. STEPHEN O'DANIEL

Stephen O'Daniel is a retired Kentucky State Police (KSP) officer. He was
employed by the Justice and Public Safety Cabinet as Executive Director of the
Office of Investigations when he purchased what was purportedly a 1974
Chevrolet Corvette. After discovering that the vehicle was actually a 1975
Corvette, O'Daniel sought the assistance of Detective Riley of KSP's stolen

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YASSIN MUHIDDIN AREF, ET AL. v. LORETTA E. LYNCH, ATTORNEY GENERAL OF THE UNITED STATES, ET AL.

Appellants are three federal prisoners who spent several years housed in specially designated Communication Management Units (CMUs), a classification that meant family visits and communications with the outside world were curtailed. Appellants contend their designation to CMUs violated their due process rights. One appellant also alleges his continued CMU placement was in retaliation for protect

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The State Of South Carolina v. Theodore Manning

Theodore Manning (Respondent) was charged with murder following the death of his girlfriend, Mikki McPhatter (the victim). The victim died after being shot in the back of the head in Respondent's home. It is undisputed that the victim was unarmed. Another of Respondent's girlfriends, Kendra Goodman, led police to the victim's abandoned and burned vehicle, where her charred skeletal remains were

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United States of America v. Enrique Chavarria

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2

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Heather Lauren Richards v. The State of Texas

Richards became convinced that Dana Huth, the victim in this case, was in a sexual
relationship with Richards’s boyfriend, Travis Nealon (also known as T-Bone). Richards confronted
Huth about the relationship at the home of Mike Chapin (also known as Big Mike or Uncle Mike).
Kayla Lardieri, Sheena Hopkins, Trace Smith, and Big Mike were also present in the home during
the encounte

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DONALD BURGESS v. STATE OF FLORIDA

Donald Burgess challenges his conviction and sentence for violating
section 322.34(5), Florida Statutes (2012), which makes it a third-degree felony for one
to drive a motor vehicle when his or her driver's license has been revoked for being a
habitual traffic offender. Mr. Burgess pleaded guilty to this offense but specifically
reserved for appeal the denial of his motion to

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MATT JONES, ET AL. V. LARRY BENNETT, RUSSELL COUNTY SHERIFF, ET AL.

Russell County 911 dispatch received a call reporting a black Camaro
passed them at a high rate of speed and appeared to have entered Twin Creek
Estates, a sparsely populated residential development in a rural area. Sheriffs
Deputy Nick Bertram' was dispatched to investigate. Roughly twenty minutes
after the 911 call, Deputy Bertram turned onto Wooldridge School House Road

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John W. Terry v. State of Ohio

This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.

Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary. 1 Following the denial of a pret

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Peter L. Vasquez v. Dax K. Lewis; Richard Jimerson

This case asks us to determine whether, under the totality of circumstances,
Kansas Highway Patrol Officers Richard Jimerson and Dax Lewis (the “Officers”)
had reasonable suspicion to detain and search the vehicle of Peter Vasquez. In
particular, this case presents the question of what weight to afford the state
citizenship of a motorist in determining the validity of a search. Vas

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Hugo Rosario Gutierrez-Barizula v. Loretta E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is haven’t often been thought subject to
revision by the executive, let alone by an executive endowed wi

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Jane Roe v. Teletech Customer Care Management (Colorado), L.L.C.

In 1998, the people of Washington exercised their constitutional power to enact legislation by initiative when they adopted the Washington State Medical Use of Marijuana Act (MUMA), chapter 69.51A RCW. MUMA provided an affirmative defense against criminal prosecution of physicians for prescribing medical marijuana and of qualified patients and their designated primary caregivers for engaging in th

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United States of America v. Marlon Boyd

Memphis, TN - Memphis Man Who Murdered Associate Sentenced Federally for Felony Firearm Possession

A Memphis man who murdered a ntorney for the Western District of Tennessee, announced the sentence today.
neighborhood associate was sentenced to federal prison for felony firearm possession.

According to information presented in court, on May 23, 2014, Marlon Boyd, 46, of Memp

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Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t

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Lamarcus Jones a/k/a Lamarcus Antwain Jones a/k/a Lamarcus A. Jones a/k/a L.A. Jones v. State Of Mississippi

Between 11:00 p.m. and 12:00 a.m., the night and early morning of August 1 and 2,
2008, Mareno Hubbard visited the Q5 Club, a nightclub located on Cedar Creek Road near
Macon, Mississippi. After conversing with various acquaintances both inside and outside the
nightclub, Hubbard returned inside and ventured onto the dance floor. While so engaged,
Hubbard encountered Lamarcus Jones,

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United States of America v. Richard Anthony Root

Richard Anthony Root, 52, of Granger, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on July 22, 2016, for being a felon in possession of a firearm. Root was arrested in Granger, Wyoming. He received 38 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Sweetwater

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Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h

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Malcolm Jamal Husband a/k/a Malcolm Husband a/k/a Jamal Husband v. State of Mississippi

On November 14, 2013, Husband and his twelve-year-old stepson, Tylen Peters,
visited Husband’s elderly aunt and uncle, the McGowans, at their duplex apartment in
Columbia, Mississippi. The McGowans’ neighbors, Phylicia Stokes and Forester Crenshaw,
were sitting outside on the shared porch, celebrating Crenshaw’s birthday with a cookout and
drinks. Stokes lived at the duplex with

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Purvi Patel v. State of Indiana

Consistent with our well-settled standard of appellate review, we recite the
relevant facts most favorable to the jury’s verdicts. Patel was born in the United
States to immigrants from India in September 1980. She lived in a home in
Granger with her parents and paternal grandparents, and she managed Moe’s, a
restaurant in Mishawaka owned by her father. In approximately Augu

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Nicole Attocknie v. Shannon Smith and Kenneth Cherry

Muskogee, OK - Common Law Wife Settles Civil Rights Claim Against Seminole County Sheriff

Nicole Attocknie sued Seminole County Sheriff Shannon Smith on civil rights violation theories under 42 U.S.C., 1983 claiming that Drug Court Officer Kenneth Cherry violated the civil rights of Aaron Palmer when he shot him to death while attempting to arrest Randall Palmer. Cherry a Drug Court offi

More...   $1 (07-21-2016 - OK)

Mauricio Hernandez v. The State of Texas

Appellant was charged with aggravated sexual assault of a child under fourteen years of
age after complainant, the daughter of his girlfriend with whom he was living, gave birth to a 36-
or 37-week-old baby in a portable toilet next to a soccer field. Immediately following the birth,
1 The Hon. Michael J. O'Neill, Justice, Assigned <

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DAVID PATCHAK v. SALLY JEWELL, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL.

David Patchak brought this suit under the Administrative Procedure Act, 5 U.S.C. §§ 702, 705, challenging the authority of the Department of the Interior to take title to a particular tract of land under the Indian Reorganization Act (IRA), 25 U.S.C. § 465. The land, called the Bradley Property, had been put into trust for the use of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians in Mic

More...   $0 (07-16-2016 - DC)

Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t

More...   $0 (07-15-2016 - RI)

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