Legal Opinion
Kanikaynar v. Sisneros
Court of Appeals for the Tenth Circuit
Decided August 17, 1999No. 98-2200PublishedCited by 5 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
Mark Erroll Kanikaynar was arrested for driving while intoxicated (“DWI”). While in custody, the arresting officer read to him the warning required by the New Mexico Implied Consent Act, informing him that if he refused to consent to the chemical testing, his driver’s license could be revoked. See N.M. Stat. Ann. § 66-8-111(B). He pleaded guilty to DWI, in violation of N.M. Stat. Ann. § 66-8-102(D), which carries with it an enhanced sentence for, inter alia, refusal to consent to the chemical testing. See id. § 66-8-102(D)(3). Because Kanikaynar had refused to consent to…
2Cases cited19 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Moran v. BurbineSupreme Court of the United States · 1986
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- McNeil v. WisconsinSupreme Court of the United States · 1991
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3Cited by5 opinions
- McBride v. Shawnee County, Kansas Court ServicesDistrict Court, D. Kansas · 1999
- CYRIL WAYNE ELLIS, — v. MIKE MULLIN, WARDEN, OKLAHOMA STATE PENITENTIARY, —Court of Appeals for the Tenth Circuit · 2003
- Ellis v. MullinCourt of Appeals for the Tenth Circuit · 2002
- Ellis v. MullinCourt of Appeals for the Tenth Circuit · 2002
- Ellis v. MullinCourt of Appeals for the Tenth Circuit · 2002