Legal Opinion

Petition of Brockmueller

South Dakota Supreme Court

Decided September 6, 1985No. 14740PublishedCited by 31 opinions

1Opinion of the Court

WOLLMAN, Justice.

This is an appeal by the state from an order of the trial court that granted Scott Brockmueller’s petition for a writ of error coram nobis and vacated Brockmueller’s conviction on a third offense driving while intoxicated charge. We affirm and remand.

On February 4, 1981, Brockmueller was convicted in Turner County, South Dakota, of DWI. On May 27, 1981, Brockmueller was convicted in Yankton County, South Dakota, of DWI. In neither of these cases was an information filed by the state.

On February 19, 1982, Brockmueller was arrested for DWI in Clay County, South Dakota. He was…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. United States v. MorganSupreme Court of the United States · 1954
  2. United States v. Sammy CariolaCourt of Appeals for the Third Circuit · 1963
  3. United States v. James W. McCord Jr., A/K/A Edward J. Warren A/K/A Edward J. HamiltonCourt of Appeals for the D.C. Circuit · 1975
  4. Cook v. United StatesCourt of Appeals for the First Circuit · 1948
  5. United States v. Anthony Scherer, Jr.Court of Appeals for the Seventh Circuit · 1982

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3Cited by31 opinions

  1. Skok v. StateCourt of Appeals of Maryland · 2000
  2. State v. BrooksUtah Supreme Court · 1995
  3. State of West Virginia v. Orville M. HuttonWest Virginia Supreme Court · 2015
  4. McKellips v. MacKintoshSouth Dakota Supreme Court · 1991
  5. Application of NovaockSouth Dakota Supreme Court · 1998

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

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