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Legal Opinion

Davis v. State

Nevada Supreme Court

Decided January 20, 1983No. 13972PublishedCited by 8 opinions

1Opinion of the Court

OPINION

2Per curiam

Ricky Eugene Davis was convicted of driving under the influence of intoxicating liquor when death results. NRS 484.3795. He claims that the district court erred in admitting the results of a blood alcohol test because he was not under arrest at the time the blood sample was taken. We do not agree. Substantial evidence supports the determination that Davis expressly consented to the taking of the blood sample. Accordingly, we affirm the judgment of the district court.

THE FACTS

On August 15, 1981, Davis was driving a pickup truck on Interstate 80 east of Winnemucca with two passengers. He…

3Cases cited7 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. People v. Superior CourtCalifornia Supreme Court · 1972
  3. State v. KirkaldieMontana Supreme Court · 1978
  4. State v. WetherellWashington Supreme Court · 1973
  5. Galvan v. StateNevada Supreme Court · 1982

2 more not listed; retrieve them via the Exa API.

4Cited by8 opinions

  1. Knowles v. Beverly Enterprises-FloridaSupreme Court of Florida · 2004
  2. Schroeder v. State, Department of Motor Vehicles & Public SafetyNevada Supreme Court · 1989
  3. Canada v. StateNevada Supreme Court · 1988
  4. Howe v. StateNevada Supreme Court · 1996
  5. State v. SmithNevada Supreme Court · 1989

3 more not listed; retrieve them via the Exa API.

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