Legal Opinion
State v. Schwalk
North Dakota Supreme Court
Decided October 18, 1988No. Cr. 870275PublishedCited by 69 opinions
1Opinion of the Court
LEVINE, Justice.
Gregory Allen Schwalk appeals from a judgment of conviction finding him guilty of being in actual physical control of a vehicle while having a blood alcohol concentration of at least .10 percent, in violation of Section 39-08-01(l)(a), N.D.C.C. We reverse and remand for a new trial.
On March 28,1987, .at approximately 2:30 a.m., a Fargo police officer found Schwalk slumped over the steering wheel of his pickup, which was parked on the side of the road with the engine running and the headlights on. After unsuccessfully attempting to wake Schwalk by tapping on the window, the…
2Cases cited42 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- United States v. HarrissSupreme Court of the United States · 1954
- Parker v. LevySupreme Court of the United States · 1974
- United States v. ScottSupreme Court of the United States · 1978
- United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
37 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Schwind v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1990
- Atkinson v. StateCourt of Appeals of Maryland · 1993
- State v. JordheimNorth Dakota Supreme Court · 1993
- State v. SaulNorth Dakota Supreme Court · 1989
- Stoner v. Nash Finch, Inc.North Dakota Supreme Court · 1989
64 more not listed; retrieve them via the Exa API.