Legal Opinion
State v. McKeehan
Louisiana Court of Appeal
Decided October 31, 2007No. 07-569Published
1Opinion of the Court
DECUIR, Judge.
hThe Defendant, James Oliver McKee-han, Jr., was convicted of driving while intoxicated (DWI), fourth offense, in violation of La.R.S. 14:98. He lodges this appeal asserting the following three assignments of error:
1) The State’s reliance on the presumption of intoxication set forth in La.R.S. 82:662 was improper, as the bill of information did not charge the Defendant with a violation of La.R.S. 14:98(A)(1)(b), but instead charged a violation of La. R.S. 14:98(A)(1)(a).
2) The evidence introduced at trial was insufficient to find that the Defendant was under the influence of an…
2Cases cited15 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. HearoldSupreme Court of Louisiana · 1992
- State v. NealSupreme Court of Louisiana · 2001
- State v. KennersonLouisiana Court of Appeal · 1997
- Zimmerman v. Washington Department of Social and Health ServicesSupreme Court of the United States · 2002
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