Legal Opinion

Smith v. Cada

Court of Appeals of Arizona

Decided February 15, 1977No. 1 CA-CIV 3403PublishedCited by 55 opinions

1Opinion of the Court

OPINION

JACOBSON, Presiding Judge.

The fundamental issue on appeal is whether the deprivation of an opportunity for a DWI defendant to contact his attorney and to effectuate bail when he possessed upon his person a cash amount exceeding the established master bail schedule for the offense charged prevented the obtaining of independent evidence of sobriety, thus depriving him of a fair trial.

These legal issues arise under the following pertinent factual background.

Appellee Cada was arrested at approximately 12:40 a. m. and charged with driving a motor vehicle while under the influence of liquor,…

2Cases cited16 opinions

  1. City of Tacoma v. HeaterWashington Supreme Court · 1966
  2. In re NewbernCalifornia Court of Appeal · 1959
  3. In Re MartinCalifornia Supreme Court · 1962
  4. State v. MunseySupreme Judicial Court of Maine · 1956
  5. Fallis v. Department of Motor VehiclesCalifornia Court of Appeal · 1968

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3Cited by55 opinions

  1. State v. MoodyArizona Supreme Court · 2004
  2. McNutt v. Superior Court of State of Ariz.Arizona Supreme Court · 1982
  3. State v. SwansonMontana Supreme Court · 1986
  4. Montano v. Superior Court Pima CountyArizona Supreme Court · 1986
  5. Commonwealth v. AlanoMassachusetts Supreme Judicial Court · 1983

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

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