Legal Opinion
State v. Stearns
Supreme Court of Vermont
Decided September 4, 1992No. 91-543PublishedCited by 20 opinions
1Opinion of the CourtDooley, J.
Defendant John Stearns was charged with driving under the influence (DUI) in violation.of 23 V.S.A. § 1201(a)(2). He filed a motion in limine to prevent the State from showing at trial that he refused to take a breath test, arguing that a contrary finding from an earlier civil license suspension proceeding was binding in the criminal case. The trial court granted the motion, reasoning that the State was collaterally estopped from relitigating the refusal issue, and the State took an interlocutory appeal from that ruling. We reverse and remand.
Defendant was arrested for DUI on August 11,1991,…
2Cases cited9 opinions
- Lucido v. Superior CourtCalifornia Supreme Court · 1990
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- People v. GatesMichigan Supreme Court · 1990
- Trepanier v. Getting Organized, Inc.Supreme Court of Vermont · 1990
- Davis v. Dennis B.California Supreme Court · 1976
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3Cited by20 opinions
- Bull v. Pinkham Engineering Assocs., Inc.Supreme Court of Vermont · 2000
- State v. LussierSupreme Court of Vermont · 2000
- State v. PollanderSupreme Court of Vermont · 1997
- State v. DannSupreme Court of Vermont · 1997
- Lay v. Pettengill, NovotnySupreme Court of Vermont · 2011
15 more not listed; retrieve them via the Exa API.