Legal Opinion

State v. Tate

Idaho Court of Appeals

Decided April 7, 1992No. 18788PublishedCited by 6 opinions

1Opinion of the Court

SWANSTROM, Judge.

Mark Tate, Jr., was convicted by a jury of felony driving under the influence. I.C. §§ 18-8004, -8005(3). The district court issued an order for withheld judgment and probation, and Tate appeals. We affirm.

Tate raises several issues: (1) did the district court err when it granted the state’s motion in limine preventing the defense expert, Dr. Barclay, from testifying (a) regarding his calculation of Tate’s blood alcohol concentration (BAC) 1 at the time of the arrest, and (b) that he was of the opinion that Tate was not “under the influence” at the time of the arrest, when…

2Cases cited18 opinions

  1. Lankford v. IdahoSupreme Court of the United States · 1991
  2. State v. MitchellIdaho Supreme Court · 1983
  3. State v. WooleryIdaho Supreme Court · 1989
  4. State v. PierceIdaho Court of Appeals · 1984
  5. State v. HolderIdaho Supreme Court · 1979

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

3Cited by6 opinions

  1. State v. BronnenbergIdaho Court of Appeals · 1993
  2. State v. EdmondsonIdaho Court of Appeals · 1994
  3. State v. SchneiderIdaho Court of Appeals · 1996
  4. State v. Geirrod Detloph StarkIdaho Court of Appeals · 2013
  5. State v. SundquistIdaho Court of Appeals · 1996

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

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