CRIMINAL LAW -- SECOND-DEGREE MURDER -- IMMUNITY -- STAND YOUR GROUND LAW. Motion to dismiss murder charge based on immunity under Stand Your Ground Law is denied where witnesses agree that defendant ran from confrontation with victim and victim followed defendant, but there is no evidence as to what occurred when victim caught up with defendant -- Under circumstances, question of whether defendant acted in reasonable self-defense cannot be decided by pre-trial motion and must be decided by jury. Read more...

CRIMINAL LAW -- AGGRAVATED BATTERY -- IMMUNITY -- STAND YOUR GROUND LAW. Where victim threw full bottle of beer at defendant from short distance away with sufficient force to shatter next to defendant and cause defendant to take evasive action to avoid being hit, victim prepared to throw or threw second bottle at defendant, and defendant had his back to wall and was surrounded by group of belligerent and aggressive men, defendant was justified in shooting victim to prevent forcible felony of aggravated battery -- No merit to argument that defendant is not entitled to immunity because he shot victim in back where victim did not indicate that he intended to retreat before defendant ducked his head to avoid being hit by second bottle and quickly fired shots. Read more...

CRIMINAL LAW -- BATTERY -- IMMUNITY -- STAND YOUR GROUND LAW. Where battery victim entered defendant's bedroom, struck him and then blocked doorway to prevent defendant from leaving his bedroom, defendant was permitted to use force to prevent false imprisonment -- Defendant is immune from prosecution for pushing victim out of doorway. Read more...

CRIMINAL LAW -- AGGRAVATED BATTERY -- IMMUNITY -- STAND YOUR GROUND LAW. Where defendant, who initiated altercation with victim, had ended contact with victim and retreated to her vehicle when victim attempted to commit forcible felonies of robbery and burglary by leaning into vehicle to take purse and punching defendant in face, defendant is entitled to immunity for slashing victim with sharp object as he continued his efforts to grab purse. Read more...

CRIMINAL LAW -- MANSLAUGHTER WITH FIREARM -- IMMUNITY -- SELF-DEFENSE. Where co-defendants seated in vehicle in parking lot of apartment complex on public street or driveway were at place they had right to be, were not engaged in unlawful activity, and had lawful possession of AK-47 when vehicle containing individuals with whom co-defendants had exchanged gunfire earlier in evening approached and fired on them, co-defendants had legal right to use deadly force in self-defense -- No merit to state's argument that co-defendants were required to shoot into air in warning, use smaller caliber weapon than AK-47, or use fewer bullets -- Motions to dismiss are granted. Read more...

CRIMINAL LAW -- AGGRAVATED ASSAULT -- IMMUNITY. Use of non-deadly force in self-defense -- Where victim, without justification, walked quickly toward defendant while making angry and threatening statements, defendant was in reasonable fear for his safety and acted lawfully when he pulled out handgun and pointed it at ground. Read more...

JURISDICTION--POLITICAL QUESTION. Political question doctrine does not bar judicial review of claim seeking determination of whether a Jerusalem-born American citizen may vindicate his statutory rights under the Foreign Relations Authorization Act to choose to have Israel recorded on his passport as his place of birth. Read more...

SECURITIES--INSIDER TRADING--LIMITATION OF ACTIONS. The two-year period to file suit under Section 16(b) of Securities and Exchange Act against a corporation insider who realizes profits from the purchase and sale of the corporation's securities within any 6-month period is not tolled until a Section 16(a) disclosure statement is filed. Read more...

PRIVACY ACT--DAMAGES--SOVEREIGN IMMUNITY. The Privacy Act does not unequivocally authorize damages for mental or emotional distress if the government intentionally or willfully violates the Act and therefore does not waive the government's sovereign immunity from liability for such harms. Read more...

CRIMINAL LAW--SENTENCING--CONSECUTIVE SENTENCES. A federal district court has discretion to order that a federal sentence run consecutively to an anticipated state sentence that has not yet been imposed. The state court's subsequent decision to make the state sentence run concurrently does not establish that the federal district court imposed an unreasonable sentence. Read more...

ALIENS--LAWFUL PERMANENT RESIDENT--FOREIGN TRAVEL. Where a lawful permanent resident was convicted of a crime before the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act, the impact of his brief travel abroad on his permanent resident status is determined not by the IIRIRA, but by the legal regime in force at the time of his conviction. Read more...

CIVIL RIGHTS--ABSOLUTE IMMUNITY--GRAND JURY WITNESS. A "complaining witness" in a grand jury proceeding is entitled to the same absolute immunity from suit under Section 1983 as a witness who testifies at trial. Read more...

SEARCH AND SEIZURE--STRIP SEARCH. The invasive search procedures that required every new detainee entering the general population of county jails to undergo close visual inspection while undressed struck a reasonable balance between the inmate's privacy and the needs of the institution. Read more...