Legal Opinion
State v. Barker
Idaho Court of Appeals
Decided November 2, 1992No. 19842PublishedCited by 13 opinions
1Opinion of the Court
WALTERS, Chief Judge.
Ernest Barker was arrested and charged with driving under the influence (DUI)t I.C. § 18-8004. At trial, he moved for an order requiring the state to elect to prosecute by using only one of the two methods of proof described in § 18-8004, thereby precluding prosecution by the other method. The magistrate denied the motion, and instructed the jury that the state could establish guilt by either method of proof. The jury found Barker guilty. He appealed to the district court, which affirmed. We also affirm.
On December 8, 1990, Barker was found in his pick-up truck, parked on…
2Cases cited13 opinions
- Danial Siebert v. AlabamaSupreme Court of the United States · 1990
- State v. LankfordIdaho Supreme Court · 1989
- State v. RandlesIdaho Supreme Court · 1990
- State v. HartwigIdaho Court of Appeals · 1987
- State v. KnollIdaho Court of Appeals · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Day v. JohnsonSupreme Court of Colorado · 2011
- State v. RobinettIdaho Supreme Court · 2005
- State v. NunezIdaho Supreme Court · 1999
- Rodriguez Ex Rel. Rodriguez v. HealthoneColorado Court of Appeals · 2001
- State v. BurrisIdaho Court of Appeals · 1994
8 more not listed; retrieve them via the Exa API.