Legal Opinion
State v. Berry
Supreme Court of New Hampshire
Decided April 17, 1981No. 80-389PublishedCited by 19 opinions
1Opinion of the CourtKing, J.
The issue in this case is whether the results of a blood test which was taken over the defendant’s objection while he was under arrest for driving while under the influence of intoxicating liquor and after grounds for a charge of negligent homicide had arisen must, by virtue of RSA 262-A:69-e (Supp. 1979), be excluded from evidence in a subsequent prosecution for negligent homicide. We hold that the admission of the blood test results is prohibited by the statute in these circumstances.
*326An accident occurred at approximately 1:15 a.m. on October 6, 1979, involving a vehicle driven by the…
2Cases cited7 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- State v. BreanSupreme Court of Vermont · 1978
- State v. LinskySupreme Court of New Hampshire · 1977
- State v. RigginsDistrict Court of Appeal of Florida · 1977
- Daneault v. ClarkeSupreme Court of New Hampshire · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. WilsonHawaii Supreme Court · 1999
- State v. DiStefanoSupreme Court of Rhode Island · 2000
- State v. WongSupreme Court of New Hampshire · 1984
- State v. CollierSupreme Court of Georgia · 2005
- State v. HammellSupreme Court of New Hampshire · 2001
14 more not listed; retrieve them via the Exa API.