Legal Opinion
State v. Clary
Court of Appeals of Arizona
Decided January 20, 2000No. 1CA-CR97-0307PublishedCited by 22 opinions
1Opinion of the Court
OPINION
TOCI, Judge.
¶ 1 Peter J. Clary (“defendant”) appeals his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor (“aggravated DUI”), class 4 felonies. Defendant contends that the trial court erred in denying his motion to suppress test results of a blood sample taken without his consent and against his active resistance but pursuant to a search warrant issued on probable cause.
¶ 2 We hold that neither Arizona Revised Statutes Annotated (“A.R.S.”) section 28-1321(D)(1) (1998),1 which allows the taking of blood for alcohol content testing…
2Cases cited25 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Breithaupt v. AbramSupreme Court of the United States · 1957
- Winston v. LeeSupreme Court of the United States · 1985
- Campbell v. Superior CourtArizona Supreme Court · 1971
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. JohnstonCourt of Criminal Appeals of Texas · 2011
- State v. RosengrenCourt of Appeals of Arizona · 2000
- State v. RavottoSupreme Court of New Jersey · 2001
- Cicoria v. ColeCourt of Appeals of Arizona · 2009
- State v. StanleyCourt of Appeals of Arizona · 2007
17 more not listed; retrieve them via the Exa API.