Legal Opinion

Holland v. Parker

District Court, D. South Dakota

Decided February 15, 1973No. CIV70-76CPublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

NICHOL, Chief District Judge.

This three-judge court was convened at the direction of the Eighth Circuit Court of Appeals. Holland v. Parker, 469 F.2d 1013 (8th Cir. 1972). Upon appeal from the District Court of South Dakota, the Court of Appeals ruled that plaintiff, Holland, had raised a substantial constitutional question concerning South Dakota’s implied consent statute, SDCL 1967, See. 32-23-10 to 32-23-17, as amended, and, therefore, remanded the case for further consideration of two constitutional issues: (I) Does due process require a lawful arrest as a prerequisite…

2Cases cited33 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Boddie v. ConnecticutSupreme Court of the United States · 1971
  5. Sherbert v. VernerSupreme Court of the United States · 1963

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3Cited by41 opinions

  1. Division 241 Amalgamated Transit Union (Afl-Cio) v. Lawrence SuscyCourt of Appeals for the Seventh Circuit · 1976
  2. State v. LussierSupreme Court of Vermont · 2000
  3. Filmon v. StateSupreme Court of Florida · 1976
  4. United States v. Mary Mae Harvey, United States of America v. Wallace ChaseCourt of Appeals for the Ninth Circuit · 1983
  5. People v. KruegerAppellate Court of Illinois · 1991

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