Legal Opinion

State v. Carter

Montana Supreme Court

Decided April 5, 2005No. 03-563PublishedCited by 54 opinions

1Opinion of the CourtJustice Nelson

¶1 Zane Carter (Carter) appeals from the judgment entered by the District Court of the Eighth Judicial District, Cascade County, on a jury verdict finding him guilty of the offense of driving while under the influence of alcohol (DUI). We affirm.

¶2 On appeal, we address the following issues:

¶3 1. Is Carter’s appeal properly before this Court?

¶4 2. In a criminal trial for DUI, is the Sixth Amendment right to confront witnesses implicated when the State introduces a certification report for a breath analysis instrument without also providing the author of the report for cross-examination?

*429FACTUAL…

2Cases cited19 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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

3Cited by54 opinions

  1. Pilgeram v. Greenpoint Mortgage Funding, Inc.Montana Supreme Court · 2013
  2. People v. PealerNew York Court of Appeals · 2013
  3. State v. MizenkoMontana Supreme Court · 2006
  4. Michels v. CommonwealthCourt of Appeals of Virginia · 2006
  5. State v. KirkpatrickWashington Supreme Court · 2007

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

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