Legal Opinion
Mark Alan Morgan v. Fred Shirley, Barren County Jailer and Frederick J. Cowan, Kentucky Attorney General
Court of Appeals for the Sixth Circuit
Decided March 9, 1992No. 89-5992PublishedCited by 10 opinions
1Opinion of the Court
DAVID A. NELSON, Circuit Judge.
Section 189A.010 of the Kentucky Revised Statutes makes it a misdemeanor to drive a motor vehicle while under the influence of alcohol. Prior to statutory revisions that became effective last July, a companion statute, KRS 189.520, created a rebuttable evidentiary presumption that a driver with a blood alcohol concentration of 0.10 percent or more at the time of testing was under the influence of intoxicating beverages.
The case at bar is a habeas corpus matter that involves Kentucky’s DUI statutes as they existed before the 1991 amendments. The petitioner — who…
2Cases cited19 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Francis v. FranklinSupreme Court of the United States · 1985
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Leary v. United StatesSupreme Court of the United States · 1969
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Derrick L. FosterCourt of Appeals for the Sixth Circuit · 2004
- Traci Miskel v. James A. Karnes and Dwayne MaynardCourt of Appeals for the Sixth Circuit · 2005
- Commonwealth v. WirthKentucky Supreme Court · 1996
- Ajay Sports, Inc. v. CasazzaColorado Court of Appeals · 2000
- Huff v. StateWyoming Supreme Court · 1999
5 more not listed; retrieve them via the Exa API.