Referee's Report, Order on Remand

Administrative claims; dismissal for failure to exhaust administrative remedies; defamation claim; barred by sovereign immunity

Opportunity Scholarship Program; Lower-income families may receive scholarships from the State to attend private school; Constitutional challenge; As-applied challenge; Facial challenge; Subject matter jurisdiction; Breadth of the remedy requested, not what is pleaded in the complaint, is controlling in determining whether the challenge is facial or as-applied.

admission of evidence; interfering or intimidating a witness

no plain error where an officer testified to the contents of a search warrant and the search warrant/affidavit were entered into evidence; motion to dismiss properly denied where there was sufficient evidence that the green leafy substance seized was marijuana

expert testimony; non-testifying expert testimony is admissible as the basis of testifying expert's opinion; officer testifying about HGN may not specify to specific alcohol concentration

officer approaching the defendant in police cruiser with blue lights flashing while blocking the only way for the defendant to leave was not a situation in which a reasonable person would feel free to leave and constituted a seizure under the Fourth Amendment

Satellite-Based Monitoring; Term of Years; Mental, Physical, or Sexual Abuse of a Minor; Fourth Amendment Reasonableness

expert opinion; Rule 702(a); lay opinion; self-defense

First Amendment, true threats, communicating threats, subjective component.