Legal Opinion
Herbert L. Richter v. Charles L. Fairbanks, Scotts Bluff County Sheriff
Court of Appeals for the Eighth Circuit
Decided May 23, 1990No. 89-2199PublishedCited by 21 opinions
1Opinion of the Court
LAY, Chief Judge.
Herbert L. Richter brought a petition for a writ of habeas corpus challenging the denial of his request for a jury trial arising from his conviction for driving while under the influence of alcohol (DWI), third offense, in violation of Scottsbluff, Nebraska, ordinances. The district court1 denied him relief. We find he was entitled to a jury trial, and conditionally grant him a writ of habeas corpus.
BACKGROUND
Nebraska law specifically authorizes cities and villages to pass their own DWI ordinances. Neb.Rev.Stat. § 39-699.07 (Reissue of 1988). In the case of conviction on a…
2Cases cited5 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Argersinger v. HamlinSupreme Court of the United States · 1972
- Blanton v. City of North Las VegasSupreme Court of the United States · 1989
- State v. PeifferNebraska Supreme Court · 1982
- State v. RichterNebraska Supreme Court · 1987
3Cited by21 opinions
- Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska Michael Thurber, Superintendent of the Lancaster County JailCourt of Appeals for the Eighth Circuit · 1998
- State v. HammSupreme Court of New Jersey · 1990
- State v. WiltshireNebraska Supreme Court · 1992
- State v. McGurkNebraska Court of Appeals · 1995
- United States v. Kevin L. BencheckCourt of Appeals for the Tenth Circuit · 1991
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