Legal Opinion

Higginbotham v. State

Indiana Court of Appeals

Decided November 4, 1981No. 3-381A67PublishedCited by 22 opinions

1Opinion of the Court

YOUNG, Judge.

Appellant Martin Joseph Higginbotham was convicted of Driving Under the Influence of an Intoxicating Beverage and Causing the Death of a Human Being. Ind. Code 9-4 — l-54(b).

He appeals presenting two issues. First, did the trial court erroneously construe the causation requirement of Ind.Code 9 — 4—1— 54(b) and as a consequence erroneously instruct the jury about the elements of the offense? Second, did the trial court err by not permitting the defendant to cross-examine and argue about the return of his driver’s license and his release after the accident and breath test?

Defendant…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Springer v. United StatesDistrict of Columbia Court of Appeals · 1978
  2. Bailey v. StateIndiana Supreme Court · 1980
  3. Sears v. StateIndiana Supreme Court · 1972
  4. Haeger v. StateIndiana Court of Appeals · 1979
  5. Borosh v. StateIndiana Court of Appeals · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Micinski v. StateIndiana Supreme Court · 1986
  2. McCarthy v. StateIndiana Supreme Court · 2001
  3. Pollard v. StateIndiana Court of Appeals · 1982
  4. Johnston v. StateIndiana Supreme Court · 1988
  5. Elliott v. StateIndiana Court of Appeals · 1983

17 more not listed; retrieve them via the Exa API.

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