Legal Opinion

Chase v. Commonwealth

Court of Appeals of Virginia

Decided December 4, 2001No. 2259002PublishedCited by 9 opinions

1Opinion of the Court

WILLIS, Judge.

On appeal from his conviction for driving while under the influence of alcohol, in violation of Code § 18.2-266, Dane Lesley Chase contends the trial court erred by admitting into evidence a breath test certificate showing his blood alcohol content. He argues that the Commonwealth violated his federal and state due process rights by denying him a potentially exculpatory blood test. Because he did not raise the state due process claim at trial, he is barred by Rule 5A:18 from asserting that claim on appeal. Because his federal due process rights were not violated and the…

2Cases cited5 opinions

  1. Winston v. CommonwealthSupreme Court of Virginia · 1948
  2. State v. LeonardCourt of Appeals of Arizona · 1986
  3. State v. DakeNebraska Supreme Court · 1995
  4. State v. SidmoreMontana Supreme Court · 1997
  5. State v. EttoreNew Jersey Superior Court Appellate Division · 1988

3Cited by9 opinions

  1. Nelson v. CommonwealthCourt of Appeals of Virginia · 2003
  2. State v. BenoirSupreme Court of Vermont · 2002
  3. Waters v. CommonwealthCourt of Appeals of Virginia · 2004
  4. Gheorghiu v. CommonwealthCourt of Appeals of Virginia · 2009
  5. David Herman Whitt v. CommonwealthCourt of Appeals of Virginia · 2005

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