Legal Opinion

State v. Murphy

North Dakota Supreme Court

Decided May 19, 1994No. Cr. 930308PublishedCited by 12 opinions

1Opinion of the Court

NEUMANN, Justice.

A jury found James Murphy guilty of driving under the influence of intoxicating liquor, in violation of NDCC § 39-08-01. Arguing the jury instructions were faulty, Murphy appeals from the judgment of conviction. We affirm.

The facts are not in dispute. On May 23, 1993, the Grand Forks Police Department received a telephone call regarding a possible drunk driver. The call was placed to the police department by Dale Look, a resident of the city of Grand Forks.

Look had observed Murphy park a pickup in an alley in Grand Forks. Murphy got out of the vehicle and had difficulty…

2Cases cited5 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. State v. NevilleSouth Dakota Supreme Court · 1984
  4. State v. HaugenNorth Dakota Supreme Court · 1989
  5. City of West Fargo v. MaringNorth Dakota Supreme Court · 1990

3Cited by12 opinions

  1. State v. BirchfieldNorth Dakota Supreme Court · 2015
  2. McCoy v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2014
  3. Grosgebauer v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2008
  4. State v. MurphyNorth Dakota Supreme Court · 1995
  5. Krehlik v. MooreNorth Dakota Supreme Court · 1996

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