Legal Opinion

State v. Maxey

Idaho Supreme Court

Decided April 21, 1994No. 20812PublishedCited by 20 opinions

1Opinion of the Court

JOHNSON, Justice.

This is a driving under the influence (DUI) case. The primary issues presented concern whether the state should have been allowed to use two prior misdemeanor DUI convictions as the basis for the felony DUI charge in this case. We conclude that the state was not precluded from relying on the two prior convictions.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

In June 1990, a Lewiston police officer arrested Gary D. Maxey for DUI (the 1990 ease). The state charged Maxey with felony DUI on the basis of two prior DUI convictions.

In 1987, Maxey pleaded guilty to a misdemeanor DUI (the…

2Cases cited11 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. Baldasar v. IllinoisSupreme Court of the United States · 1980
  5. State v. SmithWashington Supreme Court · 1974

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

3Cited by20 opinions

  1. United States v. Frank Preston AkinsCourt of Appeals for the Ninth Circuit · 2002
  2. State v. WeberIdaho Supreme Court · 2004
  3. Dean v. StateWyoming Supreme Court · 2003
  4. Solow v. Northwest Airlines, Inc. (In Re Midway Airlines, Inc.)United States Bankruptcy Court, N.D. Illinois · 1995
  5. State v. JacksonIdaho Court of Appeals · 2004

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

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