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104 S. Ct. 3138 (1984) | Cited 3250 times
... JUSTICE MARSHALL delivered the opinion of the Court. This case presents two related questions: First, does our decision in Miranda v. Arizona, 384 U.S. 436 (1966), govern the admissibility of statements made during custodial interrogation by a suspect accused of a misdemeanor traffic ...
86 S. Ct. 1826 (1966) | Cited 3117 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. Petitioner was convicted in Los Angeles Municipal Court of the criminal offense of driving an automobile while under the influence of intoxicating liquor. 1 He had been arrested at a hospital while receiving treatment for injuries suffered ...
103 S. Ct. 3469 (1983) | Cited 2289 times
... JUSTICE O'CONNOR delivered the opinion of the Court. In Terry v. Ohio, 392 U.S. 1 (1968), we upheld the validity of a protective search for weapons in the absence of probable cause to arrest because it is unreasonable to deny a police officer the right "to neutralize the threat of physical harm," ...
104 S. Ct. 2528 (1984) | Cited 2231 times
... JUSTICE MARSHALL delivered the opinion of the Court. The Due Process Clause of the Fourteenth Amendment requires the State to disclose to criminal defendants favorable evidence that is material either to guilt or to punishment. United States v. Agurs, 427 U.S. 97 (1976); Brady v. Maryland, 373 ...
146 P.3d 547 (2006) | Cited 1356 times
... Article VI, section 14, of the California Constitution provides that "[d]ecisions of the Supreme Court and the courts of appeal that determine causes shall be in writing with reasons stated." In this case, we consider what this constitutional mandate requires in a criminal appeal in which defense ...
157 N.J. 463 (1999) | Cited 1279 times
... Argued October 14, 1998 On certification to the Superior Court, Appellate Division, whose opinion is reported at 304 N.J. Super. 514 (1997). This appeal involves a conviction for driving while intoxicated (DWI). Both the East Brunswick Township Municipal Court and the Law Division found the ...
104 S. Ct. 2091 (1984) | Cited 1208 times
... JUSTICE BRENNAN delivered the opinion of the Court. Payton v. New York, 445 U.S. 573 (1980), held that, absent probable cause and exigent circumstances, warrantless arrests in the home are prohibited by the Fourth Amendment. But the Court in that case explicitly refused "to consider the sort ...
26 Cal.4th 181 (2001) | Cited 1031 times
... In this case, we address the following question: If the Attorney General, in responding to a criminal defendant's appeal, points out a discrepancy between the trial court's judgment and the abstract of judgment, should the Court of Appeal order the trial court to correct the abstract of judgment or ...
124 S.Ct. 795 (2003) | Cited 895 times
... In the early morning hours a passenger car occupied by three men was stopped for speeding by a police officer. The officer, upon searching the car, seized $763 of rolled-up cash from the glove compartment and five glassine baggies of cocaine from between the back-seat armrest and the back seat. ...
127 S.Ct. 2400 (2007) | Cited 867 times
... 551 U. S. ____ (2007) When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. The question in this case is whether the same is true of a passenger. We hold that a passenger is seized as well and so may challenge the constitutionality ...
144 S.W.3d 477 (2004) | Cited 857 times
... Meyers, J., delivered the opinion of the Court, in which Price, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., concurred. Womack, J., dissented. OPINION Appellant Jose Zuniga was charged in two counts with intoxication manslaughter and manslaughter. The jury acquitted ...
103 S. Ct. 2830 (1983) | Cited 749 times
... JUSTICE REHNQUIST announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE O'CONNOR joined. After a bench trial in an Oregon trial court, respondent James Edward Bradshaw was convicted of the offenses of first-degree manslaughter, ...
77 S.W.3d 828 (2002) | Cited 734 times
... Cochran, J., delivered the opinion of the Court, in which Keller, P.J., and Meyers, Womack, Johnson, Keasler, Hervey and Holcomb, J.J., joined. Price, J., concurred in the judgment. OPINION We are once again asked whether an appellate court may reverse a conviction on ineffective assistance of ...
110 S. Ct. 2084 (1990) | Cited 730 times
... JUSTICE BRENNAN delivered the opinion of the Court. We have long held, see Blockburger v. United States, 284 U.S. 299, 304 (1932), that the Double Jeopardy Clause of the Fifth Amendment 1 prohibits successive prosecutions for the same criminal act or transaction under two criminal statutes ...
82 Cal.App.4th 1329 (2000) | Cited 657 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * COPY APPEAL from a judgment of the Superior Court of San Joaquin County. Honorable Richard M. Mallett, Judge. Affirmed. Defendant Luis Alonso Molina appeals from the judgment and sentence imposed following his conviction for driving under the influence of ...
159 F.3d 120 (1998) | Cited 647 times
... Argued March 24, 1998 OPINION OF THE COURT Rosemary Montgomery appeals from the entry of summary judgment against her in her suit brought pursuant to 42 U.S.C. § 1983 which arises out of the events surrounding her arrest on September 30, 1992. Montgomery alleges that Officer Jeffrey De Simone did ...
71 Cal.App.4th 1502 (1999) | Cited 644 times
... CERTIFIED FOR PUBLICATION California's Three Strikes statutes 1 provide for life imprisonment with a minimum term of at least 25 years for a conviction of any third felony after two or more prior convictions of what are deemed by statute to be "violent" (§ 667.5, subd. (c) 2 ) or "serious" (§ ...
110 S. Ct. 2638 (1990) | Cited 634 times
... We must decide in this case whether various incriminating utterances of a drunk-driving suspect, made while performing a series of sobriety tests, constitute testimonial responses to custodial interrogation for purposes of the Self-Incrimination Clause of the Fifth Amendment. I During the early ...
103 S. Ct. 916 (1983) | Cited 601 times
... JUSTICE O'CONNOR delivered the opinion of the Court. Schmerber v. California, 384 U.S. 757 (1966), held that a State could force a defendant to submit to a blood-alcohol test without violating the defendant's Fifth Amendment right against self-incrimination. We now address a question left open in ...
25 Cal.4th 34 (2001) | Cited 583 times
... We granted review to decide whether a prosecutor committed prejudicial misconduct in his summation to the jury in a criminal case. We conclude that the prosecutor's actions do not require that defendant's conviction be reversed. I. In an information filed December 8, 1995, defendant was charged ...
91 Cal.App.4th 212 (2001) | Cited 517 times
... As modified August 8, 2001.There is no change in the judgment. CERTIFIED FOR PARTIAL PUBLICATION 1 Affirmed. [The heading for part I. is deleted] I. INTRODUCTION [The following portion of part I. is to be published.] Defendant, Michael Lenvell Thomas, appeals from his conviction for evading ...
526 U.S. 295 (1999) | Cited 501 times
... Opinion of the Court WYOMING v. HOUGHTON ____ U. S. ____ (1999) On Writ Of Certiorari To The Supreme Court Of Wyoming This case presents the question whether police officers violate the Fourth Amendment when they search a passenger's personal belongings inside an automobile that they have ...
525 U.S. 113 (1998) | Cited 485 times
... Rehnquist, C. J., delivered the opinion for a unanimous Court. Opinion of the Court KNOWLES v. IOWA On Writ Of Certiorari To The Supreme Court Of Iowa An Iowa police officer stopped petitioner Knowles for speeding, but issued him a citation rather than arresting him. The question presented is ...
128 S.Ct. 1598 (2008) | Cited 484 times
... Opinion of the Court 553 U. S. ____ (2008) We consider whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law. I. On February 20, 2003, two City of Portsmouth police officers stopped a car driven by David Lee Moore. They ...
106 S. Ct. 634 (1986) | Cited 409 times
... JUSTICE STEVENS delivered the opinion of the Court. Respondent entered a plea of not guilty by reason of insanity to a charge of sexual battery. At his trial in the Circuit Court for Sarasota County, Florida, the prosecutor argued that respondent's silence after receiving Miranda warnings was ...
99 S. Ct. 2612 (1979) | Cited 397 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. The question presented by this appeal is whether a Massachusetts statute that mandates suspension of a driver's license because of his refusal to take a breath-analysis test upon arrest for driving while under the influence of ...
124 S.Ct. 2451 (2004) | Cited 397 times
... 542 U. S. ____ (2004) The petitioner was arrested and convicted for refusing to identify himself during a stop allowed by Terry v. Ohio, 392 U. S. 1 (1968). He challenges his conviction under the Fourth and Fifth Amendments to the United States Constitution, applicable to the States through the ...
77 S. Ct. 408 (1957) | Cited 390 times
... MR. JUSTICE CLARK delivered the opinion of the Court. Petitioner, while driving a pickup truck on the highways of New Mexico, was involved in a collision with a passenger car. Three occupants of the car were killed and petitioner was seriously injured. A pint whiskey bottle, almost empty, was ...
482 N.W.2d 218 (1992) | Cited 371 times
... 1. The entry of a dwelling by a law enforcement officer will not be deemed to have been made with consent unless the officer has received some manifestation of consent. 2. Responses to questions of a law enforcement officer who enters a dwelling without a warrant do not, without more, provide ...
509 F.3d 392 (2007) | Cited 361 times
... ARGUED SEPTEMBER 28, 2007 Before POSNER, FLAUM, and SYKES, Circuit Judges. On February 15, 2005, Plaintiff Mario Williams was driving on Lake Shore Drive in Chicago, Illinois when his asthma allegedly flared up, causing him to pull his vehicle over. Defendant Police Officer Marcelo Rodriguez ...
110 S. Ct. 1640 (1990) | Cited 359 times
... JUSTICE WHITE delivered the opinion of the Court. On January 11, 1984, New York City police found the body of Ms. Thelma Staton murdered in her apartment. Various facts gave the officers probable cause to believe that the respondent in this case, Bernard Harris, had killed Ms. Staton. As a result, ...
102 S. Ct. 2664 (1982) | Cited 343 times
... JUSTICE MARSHALL delivered the opinion of the Court. This case presents the narrow question whether petitioner's confession should have been suppressed as the fruit of an illegal arrest. The Supreme Court of Alabama held that the evidence was properly admitted. Because the decision below is ...
135 F.3d 1345 (1998) | Cited 325 times
... PUBLISH Defendant-appellant Denny Ray Hunnicutt was convicted of conspiracy to possess methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, and conspiracy to use or carry firearms during and in relation to the commission of a drug trafficking ...
17 Cal.4th 229 (1998) | Cited 320 times
... In 1994, defendant Scott Alden Whitson was convicted of two counts of second degree murder, arising out of a collision in which the motor vehicle he was driving ran through a red light and crashed into another car at a speed estimated to be in excess of 75 miles per hour, killing the other driver ...
124 S.Ct. 2127 (2004) | Cited 306 times
... 541 U. S. ____ (2004) Chief Justice Rehnquist delivered the opinion of the Court except as to footnote 4. In New York v. Belton, 453 U. S. 454 (1981), we held that when a police officer has made a lawful custodial arrest of an occupant of an automobile, the Fourth Amendment allows the officer to ...
116 F.3d 1419 (1997) | Cited 304 times
... CARNES, Circuit Judge: Harold Michael Lancaster died from an injury he sustained while in custody at the county jail in Monroe County, Alabama. Cylinda Lancaster, Lancaster's widow and the administratrix of his estate, claims that Monroe County, the Monroe County Commission, Sheriff Thomas Tate, ...
295 N.W.2d 580 (1980) | Cited 302 times
... 1. The trial court properly admitted testimony of prior statements of defense witnesses under Minn. R. Evid. 801(d)(1)(D) where defense counsel did not object to lack of foundation for their admission and where the trial court could reasonably have concluded that the statements were made ...
24 Cal.4th 983 (2001) | Cited 292 times
... We are called upon to determine whether the offense of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) 1 is a lesser included offense of murder. (§ 187) We conclude, as did the Court of Appeal, that it is not. I. Defendant was charged by information filed July 5, ...
630 N.W.2d 601 (2001) | Cited 282 times
... The defendant, Tyson Turner, challenges his conviction of the crime of felon [630 NW2d Page 604] in possession of a firearm. See Iowa Code § 724.26 (1997). He claims the court erred in admitting inculpatory statements he made prior to being given Miranda warnings. The State contends Miranda ...
987 S.W.2d 889 (1999) | Cited 278 times
... ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE 12TH COURT OF APPEALS VananAN ZANDT COUNTY OPINION Appellee was charged with the offense of driving while intoxicated. He filed a motion to suppress, alleging that items seized from his vehicle were the fruits of an illegal search, undertaken ...
53 Ill.2d 62 (1972) | Cited 263 times
... Rehearing denied November 29, 1972. This is an appeal from a conviction in the circuit court of Cook County. Defendant, Andrew Prim, was indicted with three co-defendants, Herman Ray Lockett, Grover C. Thomas, and James Williams. They were charged with three counts of armed robbery, attempted ...
124 S.Ct. 1379 (2004) | Cited 253 times
... 541 U. S. ____ (2004) The Sixth Amendment safeguards to an accused who faces incarceration the right to counsel at all critical stages of the criminal process. Maine v. Moulton, 474 U. S. 159, 170 (1985); United States v. Wade, 388 U. S. 218, 224 (1967). The entry of a guilty plea, whether to a ...
374 N.W.2d 730 (1985) | Cited 252 times
... 1. Where the trial court credits the uncontradicted testimony of the arresting officer as to the facts relating to the stop of a motor vehicle, the appellate court, in reviewing the trial court's decision as to the validity of the stop, should not use the "clearly erroneous" test but should analyze ...
37 Cal.App.4th 351 (1995) | Cited 249 times
... VOGEL, J.: With a blood alcohol level of .22 percent, defendant and appellant Kenneth Autry recklessly drove on a freeway, swerved into the median strip, struck and killed two highway construction workers, and injured his two passengers. A jury convicted appellant of two counts of second degree ...
39 Va.App. 96 (2002) | Cited 240 times
... Argued at Salem, Virginia The trial court convicted Tracy Antonio Davis of possession of cocaine and possession of a firearm while in possession of cocaine. The court sentenced him to two years and five years in prison respectively. The court also found that Davis had violated probation on a ...
5 F.3d 726 (1993) | Cited 234 times
... MURNAGHAN, Circuit Judge: The defendant, James Hassan El, was found guilty by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). 1 He was sentenced to 188 months imprisonment and three years supervised release. On appeal, Hassan El challenges both his ...
576 N.W.2d 374 (1998) | Cited 229 times
... Appellant appeals conviction and sentence for operating while intoxicated in violation of Iowa Code section 321J.2(1) (1995). AFFIRMED. Pamela Sue Hopkins appeals from her conviction and sentence for operating while intoxicated. See Iowa Code § 321J.2(1) (1995). She contends the evidence was not ...
68 Cal.App.4th 1009 (1998) | Cited 219 times
... CERTIFIED FOR PUBLICATION APPEAL from a judgment of the Superior Court of Los Angeles County, Michael B. Harwin, Judge. Affirmed. Daniel Simon Scheer appeals from the judgment entered following a jury trial that resulted in his conviction of felony hit and run (Veh. Code, § 20001, subd. (a); ...
528 N.W.2d 561 (1995) | Cited 217 times
... [528 NW2d Page 563] The defendant appeals his convictions of involuntary manslaughter and vehicular homicide, in violation of Iowa Code sections 707.5 and 707.6A (1993). He asserts he received ineffective assistance of counsel from his trial attorney. We affirm as modified. I. Background. From ...
294 N.W.2d 697 (1980) | Cited 212 times
... 1. Consistent with the Fourth Amendment of the United States Constitution, a peace officer who has a specific and articulable suspicion of a violation is justified in stopping a motorist. 2. In this case the trooper saw the motorist driving his vehicle and, after a proper stop under the Fourth ...
577 F.2d 841 (1978) | Cited 210 times
... Opinion OF THE COURT GARTH, Circuit Judge. This appeal involves various civil rights claims and pendent state law claims arising out of the arrest, custody and subsequent suicide of Annette Patzig. The district court granted the defendants' motion for a directed verdict at the end of the ...
604 N.W.2d 84 (2000) | Cited 209 times
... Dissenting, Gilbert, J., Blatz, C.J. and Anderson, Russell A., J. Heard, considered and decided by the court en banc. OPINION Appellant was driving a friend's car when he was pulled over by Minneapolis police officers, who suspected the car was stolen because it had a broken side window. We ...
33 F.3d 472 (1994) | Cited 204 times
... HENDERSON, Circuit Judge: William Babb appeals from the final judgment entered in the United States District Court for the Northern District of Texas dismissing his 42 U.S.C. § 1983 complaint against David Anthony Dorman and the City of Richardson, Texas. For the reasons stated below, we affirm. ...
7 Cal.4th 1144 (1994) | Cited 194 times
... GEORGE, J.: In Morrissey v. Brewer (1972) 408 U.S. 471, 489, 33 L. Ed. 2d 484, 92 S. Ct. 2593, and Gagnon v. Scarpelli (1973) 411 U.S. 778, 786, 36 L. Ed. 2d 656, 93 S. Ct. 1756, the United States Supreme Court held that, under the due process clause of the federal Constitution, a defendant at a ...
16 Cal.4th 448 (1997) | Cited 194 times
... A person who operates a motor vehicle while intoxicated is subject to criminal prosecution and penalties. Prior to the criminal trial, however, the Department of Motor Vehicles (hereafter DMV or the department) must suspend the individual's driver's license as an administrative matter if it ...
109 S. Ct. 1289 (1989) | Cited 192 times
... JUSTICE MARSHALL delivered the opinion of the Court. The issue in this case is whether there is a constitutional right to a trial by jury for persons charged under Nevada law with driving under the influence of alcohol (DUI). Nev. Rev. Stat. § 484.379(1) (1987). We hold that there is not. DUI is ...
607 S.E.2d 738 (2005) | Cited 192 times
... OPINION Raymond Thomas challenges his jury conviction for possession of a firearm by a felon in violation of Code § 18.2-308.2. We find that Thomas waived all but one of his arguments by not properly raising them at trial. On the one question preserved for appellate review ⎯ whether the court ...
18 S.W.3d 642 (2000) | Cited 187 times
... ON DIRECT APPEAL FROM KERR COUNTY OPINION Appellant was convicted of capital murder on March 2, 1998, for committing murder in the course of robbery. Tex. Penal Code Ann. §19.03(a)(2). Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure article ...
856 N.E.2d 142 (2006) | Cited 186 times
... FOR PUBLICATION OPINION Case Summary Robert Gibson appeals the sentence imposed following his plea of guilty to Class C felony operating a vehicle while intoxicated resulting in death, Class C felony operating a vehicle with a blood alcohol content exceeding .08 resulting in death, and Class C ...
6 Cal.4th 841 (1993) | Cited 184 times
... Alarmed by the death and destruction that drunk drivers cruelly perpetrate upon our highways, the Legislature has empowered the Department of Motor Vehicles (DMV) to promptly suspend the drivers' licenses of those who drive while intoxicated. We are asked to decide whether a determination in a ...
29 Cal.App.4th 1746 (1994) | Cited 175 times
... TODD, Acting P.J.: A jury found Daniel Joseph Forster guilty of one count of driving under the influence of alcohol in violation of Vehicle Code 1 section 23152, subdivision (a), one count of driving while having a blood alcohol concentration of .08 percent or more in violation of section 23152, ...
8 Cal.4th 587 (1994) | Cited 166 times
... LUCAS, C.J.: INTRODUCTION The issues addressed by the Court of Appeal in this case were: (1) whether the results of a horizontal gaze nystagmus (HGN) field sobriety test are admissible in the absence of a Kelly/Frye foundational showing, that is, foundational evidence disclosing general ...
78 Cal.App.4th 1107 (2000) | Cited 165 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * OPINION APPEAL from a judgment of the Superior Court of Tulare County. Ronn M. Couillard, Judge. The defendant in this case was involved in three vehicular accidents, two of which resulted in bodily injuries to others, in the span of less than one hour. In ...
170 F.3d 996 (1999) | Cited 163 times
... PUBLISH Defendant-Appellant Claudio Lugo appeals his conviction in federal district court for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1), and re-entry of a deported alien, 8 U.S.C. § 1326. Mr. Lugo appeals, asserting that the district court erred by: (1) denying his ...
298 F.3d 191 (2002) | Cited 159 times
... PRECEDENTIAL Argued December 4, 2001 OPINION OF THE COURT William Reed Smathers brought this suit against Multi-Tool, Inc./Multi-Plastics, Inc. and Multi-Tool, Inc./Multi- Plastics, Inc. Employee Health and Welfare Plan (together "Multi-Tool") in the Western District of Pennsylvania seeking ...
32 S.W.3d 862 (2000) | Cited 158 times
... ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY Meyers, J., delivered the opinion of the Court, joined by Mansfield, Keller, Price, Holland, Womack, Johnson and Keasler, J.J.. McCormick, P.J., concurred in the result. OPINION Appellant was convicted by ...
231 Wis.2d 293 (1999) | Cited 155 times
... Complete Title of Case: County of Jefferson, Plaintiff-Respondent-Petitioner, v. Christopher D. Renz, Defendant-Appellant. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1998, Published) Oral Argument: September 9, 1999 Source of APPEAL ...
303 F.3d 24 (2002) | Cited 155 times
... OPINION EN BANC Petitioner John M. McCambridge appeals the district court's denial of his habeas corpus petition challenging the constitutionality of his state conviction for manslaughter. A panel of this court had earlier reversed the district court and granted his petition, holding: (1) that the ...
812 P.2d 626 (1991) | Cited 153 times
... OPINION STATEMENT OF THE CASE On April 1, 1988, a Department of Public Safety motorcycle officer observed defendant, who was also driving a motorcycle, commit numerous traffic violations. In response to signals from the officer, defendant first stopped as directed, but then sped off. The officer ...
336 N.W.2d 525 (1983) | Cited 151 times
... Record fails to support trial court's determination that police violated defendant's Fourth Amendment rights in stopping him. TODD, Justice. This is a pretrial appeal by the state, pursuant to Minn. R. Crim. P. 29.03, from an order of the district court suppressing evidence and then dismissing ...
128 Idaho 559 (1996) | Cited 147 times
... Stanton E. Atkinson pleaded guilty to misdemeanor driving under the influence of alcohol, (DUI), I.C. § 18-8004. His plea was conditional, reserving the right to appeal from the magistrate's prior denial of Atkinson's motion to suppress evidence. The district court affirmed the magistrate's ...
94 P.3d 1098 (2004) | Cited 147 times
... Ct.App. 5 F039071 California law prohibits convicting a defendant of two offenses arising from a single criminal act when one is a lesser offense necessarily included in the other. Here, the Court of Appeal held that unlawful taking of a vehicle (Veh. Code, § 10851) is not a lesser included ...
392 F.3d 1269 (2004) | Cited 146 times
... [PUBLISH] A jury convicted appellant Jesse Wright of one count of possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924. The government alleged that Wright was in knowing possession of the weapon when Mulberry, Florida, police officers arrested him for driving under ...
784 N.E.2d 584 (2003) | Cited 143 times
... FOR PUBLICATION OPINION - FOR PUBLICATION Dominic Washington appeals his conviction for carrying a handgun without a license as a class C felony. 1 Washington raises one issue, which we restate as whether the trial court abused its discretion by admitting the handgun into evidence. We affirm. ...
409 F.2d 299 (1969) | Cited 143 times
... BRIGHT, Circuit Judge. Ralph Leroy Klingler was convicted of violating 15 U.S.C. § 902(e), a section of the Federal Firearms Act which prohibits a former convict, such as Klingler was proven to be, from transporting a firearm in interstate commerce. Appellant Klingler urges reversal on grounds ...
308 N.W.2d 316 (1981) | Cited 142 times
... 1. Because Minnesota laws designed to prevent driving while intoxicated are to be broadly construed in the public's favor, we hold that the state need not prove that an automobile engine is running as an essential element of the offense of "physical control of a motor vehicle while under the ...
856 N.E.2d 1189 (2006) | Cited 139 times
... Case Summary The question we address is whether the failure to raise on appeal the aggregate length of a defendant's consecutive sentences for two counts of attempted murder amounts to ineffective assistance of appellate counsel. On the facts of this case, we conclude it does. Facts and ...
597 N.W.2d 785 (1999) | Cited 137 times
... On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Benton County, Van D. Zimmer, Judge. Defendant appeals his conviction of theft of a motor vehicle and his consecutive sentences for this crime and the offense of homicide by vehicle. DECISION OF COURT OF APPEALS ...
424 F.3d 112 (2005) | Cited 136 times
... Before: Boudin, Chief Judge, Selya, Circuit Judge, and Schwarzer, 1 Senior District Judge. This case involves a meandering motorist who claims that the arresting officer violated his constitutional right to substantive due process at the touch of a button (wrongfully terminating a breath alcohol ...
29 Cal.App.4th 1651 (1994) | Cited 135 times
... WOODS (Fred), J.: A jury convicted appellant of kidnapping for robbery (Pen. Code, 1 § 209, subd. (b); count I), second degree robbery ( § 211; count II), attempting to dissuade a witness by threat of violence ( § 136.1, subd. (c)(1); count III), evading a pursuing peace officer (Veh. Code, § ...
100 Cal.App.4th 1146 (2002) | Cited 132 times
... CERTIFIED FOR PUBLICATION A jury convicted Wendy Renee Verlinde of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), vehicular manslaughter without gross negligence (Pen. Code, § 192, subd. (c)(3)), driving under the influence and causing injury and causing injury to ...
124 S.Ct. 885 (2004) | Cited 130 times
... This Fourth Amendment case focuses upon a highway checkpoint where police stopped motorists to ask them for information about a recent hit-and-run accident. We hold that the police stops were reasonable, hence, constitutional. I. The relevant background is as follows: On Saturday, August 23, ...
76 Cal.App.4th 1266 (1999) | Cited 128 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * OPINION APPEAL from the Superior Court of San Bernardino County. Mary E. Fuller, Judge. Affirmed. In this case, we apply the principles stated by our Supreme Court in People v. Birkett (1999) 21 Cal.4th 226 and conclude that the trial court did not err in ...
44 Cal.App.4th 38 (1996) | Cited 127 times
... SPARKS, Acting P. J. In this case we consider the question of causation in a criminal case involving police pursuit of a fleeing motorist. The principal question relates to the admissibility of evidence concerning the reasonableness of the pursuing officers' conduct. Defendant Claude Alex Schmies ...
530 N.W.2d 708 (1995) | Cited 127 times
... EDITORS' NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [530 NW2d Page 710] Sue Anne Loyd was charged and convicted of operating while intoxicated (OWI), in violation of Iowa Code section 321J.2 (1993). Loyd was arrested on June 26, 1993, ...
136 P.3d 810 (2006) | Cited 126 times
... We granted this case to consider under what circumstances, if any, police officers may stop a vehicle and detain its driver based solely on an uncorroborated phoned-in tip that accurately describes the vehicle and its location and relates that a possibly intoxicated person is behind the wheel, ...
146 Wash.2d 328 (2002) | Cited 126 times
... Oral Argument Date: 11/27/2001 Concurring: Gerry L. Alexander, Charles Z. Smith, Charles W. Johnson, Richard B. Sanders, Faith E Ireland, Bobbe J. Bridge, Tom Chambers, Susan J. Owens EN BANC Defendant Kurt Jones was stopped for a traffic violation and subsequently arrested on an outstanding ...
85 Cal.App.4th 667 (2000) | Cited 125 times
... Opinion following grant of rehearing CERTIFIED FOR PUBLICATION The only issue in this appeal is whether the constitutional ban on ex post facto laws prohibits imposing a parole revocation fine on a parolee who committed the underlying offense before the fine was enacted. We hold imposing the fine ...
168 N.J. 413 (2001) | Cited 123 times
... Argued March 13, 2001 On certification to the Superior Court, Appellate Division. This appeal requires us to revisit the standard for determining the appropriateness of consecutive sentences imposed during a single sentencing proceeding following a conviction on two counts of vehicular homicide ...
459 N.W.2d 619 (1990) | Cited 123 times
... [459 NW2d Page 621] Claude Bumpus was convicted for possession of cocaine with intent to deliver in violation of Iowa Code section 204.401(1)(a)(1987). Bumpus was sentenced to a term of incarceration not to exceed ten years, and since the offense was his second, the court enhanced the term to ...
354 N.C. 549 (2001) | Cited 120 times
... Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 143 N.C. App. 445, 550 S.E.2d 1 (2001), finding no error in a judgment entered 14 September 1999 by Spencer, J., in Superior Court, Alamance County. Heard in the Supreme Court 16 October 2001. On ...
553 A.2d 335 (1989) | Cited 120 times
... Police officers are usually the first witnesses to arrive at the scene of an automobile accident. Before physical evidence at the scene is removed, distorted, or tampered with, they have the unique opportunity to observe it. The primary issue in this appeal is whether an investigating state ...
45 F.3d 1040 (1995) | Cited 118 times
... FOREMAN, District Judge. Terril A. Kraushaar filed various federal and state claims challenging his arrest for driving under the influence and a subsequent strip search at the jail while being processed for the traffic offense. We affirm the judgment entered in favor of the defendants on all claims ...
355 Md. 356 (1999) | Cited 118 times
... * Chasanow , J. participated in the hearing of the case, in the conference in regard to its decision and in the adoption of the opinion, but he had retired from the Court prior to the filing of the opinion. Rodowsky and Chasanow, JJ., Dissent. Petitioner Peter Michael Ferris appeals the denial of ...
631 F.2d 1229 (1980) | Cited 118 times
... Charles Branch, convicted of burglary of a habitation in Texas State Court and sentenced by a jury to 25 years imprisonment, appeals the denial of his petition for habeas corpus relief brought under 28 U.S.C. § 2254. He claims four bases for the relief sought: (1) unlawful pretrial identification ...
527 A.2d 388 (1987) | Cited 110 times
... This appeal requires the Court to interpret N.J.S.A. 39:4-50(a). This statute makes it unlawful for a person to operate "a motor vehicle . . . with a blood alcohol concentration of 0.10% or more by weight of alcohol in the [person's] blood." Specifically, we must decide whether, under the statute, ...
260 Wis.2d 406 (2003) | Cited 109 times
... ¶1. Guy W. Colstad appeals a judgment of the circuit court convicting him of homicide by use of a vehicle while having a prohibited alcohol concentration, contrary to Wis. Stat. § 940.09(1)(b) (1997-98). 1 Colstad argues that the results of his blood test should have been suppressed because (1) ...
351 F.3d 1102 (2003) | Cited 109 times
... PUBLISH Defendant-appellant, Jody Boyce, pled guilty to possession with intent to distribute controlled substances in violation of 21 U.S.C. § 841(a)(1) after the district court refused to suppress evidence obtained by police from a warrantless investigatory traffic stop and search of Boyce's ...
180 N.J. 534 (2004) | Cited 108 times
... Argued February 3, 2004 Under N.J.S.A. 2C:29-2b, a person is guilty of second degree eluding if, "while operating a motor vehicle on any street or highway in this State," the driver "knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from ...
90 P.3d 1168 (2004) | Cited 106 times
... Following the enactment of Proposition 36, the "Substance Abuse and Crime Prevention Act of 2000," which took effect July 1, 2001, a defendant who has been convicted of a "nonviolent drug possession offense" must receive probation and diversion into a drug treatment program, and may not be ...