Legal Opinion
State v. Andrus
Idaho Court of Appeals
Decided March 21, 1990No. 17968PublishedCited by 29 opinions
1Opinion of the Court
SUBSTITUTE OPINION
The Court’s prior opinion, dated February 26, 1990, is hereby withdrawn.
McKEE, Judge, Pro Tern.
Dave Andrus was charged with driving under the influence of alcohol, tried before a jury in magistrate court, and convicted. He appealed to the district court, where the judgment of conviction was affirmed. He now appeals to this court. We conclude that the jury was incorrectly instructed and remand for new trial.
The issues raised on appeal turn on questions of law, the parties having stipulated to the necessary procedural facts. Andrus was arrested by the Idaho State Police on…
2Cases cited15 opinions
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1985
- Hogan v. StateCourt of Appeals of Georgia · 1986
- State v. RobinsonOregon Supreme Court · 1963
- Yacht Club Sales & Service, Inc. v. First National BankIdaho Supreme Court · 1980
- State v. KnollIdaho Court of Appeals · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. FerreiraIdaho Court of Appeals · 1999
- State v. JeskeIdaho Supreme Court · 2019
- State v. RobinettIdaho Supreme Court · 2005
- State v. BronnenbergIdaho Court of Appeals · 1993
- State v. SchmollIdaho Court of Appeals · 2007
24 more not listed; retrieve them via the Exa API.