Legal Opinion
State v. Cook
Tennessee Supreme Court
Decided December 20, 1999No. M1995-00011-SC-R11-CDPublishedCited by 24 opinions
1Opinion of the Court
OPINION
ANDERSON, Chief Justice.
We granted this appeal to determine whether dentures constitute “foreign matter” requiring invalidation of a breath-alcohol test result and to consider whether the admission of a breath-alcohol test result must be challenged by a pretrial motion under Tenn. R.Crim. P. 12(b)(3) or whether an objection may be made at trial.
After a jury-out hearing, the trial court concluded that the presence of dentures did not preclude admission of the breath-alcohol test result. The defendant was thereafter convicted of driving under the influence of an intoxicant.
The Court of…
2Cases cited6 opinions
- State v. SensingTennessee Supreme Court · 1992
- United States v. John R. Barletta, in Re United States of AmericaCourt of Appeals for the First Circuit · 1981
- State v. RandolphCourt of Criminal Appeals of Tennessee · 1985
- United States v. Miguel Gomez-BenabeCourt of Appeals for the First Circuit · 1993
- Farr v. Director of Revenue State of Mo.Missouri Court of Appeals · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Manriquez v. GourleyCalifornia Court of Appeal · 2003
- State v. ConwayCourt of Criminal Appeals of Tennessee · 2001
- State v. TomNew Mexico Court of Appeals · 2010
- State v. ArnoldCourt of Criminal Appeals of Tennessee · 2002
- Eldridge v. CommonwealthCourt of Appeals of Kentucky · 2001
19 more not listed; retrieve them via the Exa API.