State v. Blaine
South Dakota Supreme Court
1Opinion of the Court
SABERS, Justice (on reassignment).
Defendant appeals conviction for driving with .10 percent or more alcohol in his blood. We reverse and remand for new trial based on prosecutorial misconduct.
Facts
Earlwin Blaine (Blaine) was stopped on the evening of April 2, 1986, by Police Chief Luke of Avon, South Dakota. Chief Luke had observed a car veer across the center line of old highway 50 in Avon and then weave back onto the grass on the right side of the road. After stopping the car, Chief Luke found Blaine in the driver’s seat, several passengers in the car, and a number of beer cans on the floor…
Also in this document: Concurrence.
2Cases cited10 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Viereck v. United StatesSupreme Court of the United States · 1943
- State v. HavensSouth Dakota Supreme Court · 1978
- State v. BrandenburgSouth Dakota Supreme Court · 1984
- State v. VickroySupreme Court of Iowa · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. SmithSouth Dakota Supreme Court · 1999
- State v. RhodesSupreme Court of Missouri · 1999
- State v. JanklowSouth Dakota Supreme Court · 2005
- State v. StetterSouth Dakota Supreme Court · 1994
- State v. HankinsSouth Dakota Supreme Court · 2022
20 more not listed; retrieve them via the Exa API.