Commonwealth of Kentucky v. Larry A. Long

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that courts may make preliminary factual findings “necessary to decide the questions of law presented by a pre-trial motion”
• analogizing Supremacy Clause immunity to qualified immunity and concluding that in both situations, courts have a duty to make early rulings on immunity issues to avoid excessive interference with official actions
• “We merely hold that, when a threshold defense of federal immunity is raised to meet a state criminal prosecution, the state cannot overcome that defense merely by way of allegations.”
• the court will not grant the motion where the evidence “raise[s] a genuine factual issue whether the federal officer was acting pursuant to the laws of the United States and was doing no more than what was necessary and proper for him to do” (emphasis omitted)

Source: CourtListener parenthetical corpus (CC0).