Legal Opinion
State v. Delaney
Montana Supreme Court
Decided December 20, 1999No. 98-480PublishedCited by 26 opinions
1Opinion of the CourtJustice Gray
¶1 Robert Delaney (Delaney) appeals from the judgment entered by the First Judicial District Court, Lewis and Clark County, on a jury verdict finding him guilty of the offense of driving under the influence of alcohol (DUI). We affirm.
¶2 The issue on appeal is whether the District Court abused its discretion in denying Delaney’s motion in limine and admitting evidence of the results of his breath test.
BACKGROUND
¶3 Delaney was arrested on February 28,1997, and subsequently charged with third offense DUI. At the time of his arrest, Delaney’s breath was tested on an Intoxilizer 5000 machine…
2Cases cited10 opinions
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- United States v. David Allen MerrittCourt of Appeals for the Tenth Circuit · 1982
- State v. WeeksMontana Supreme Court · 1995
- United States v. Antonio FrancoCourt of Appeals for the Seventh Circuit · 1989
- State v. ClarkMontana Supreme Court · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. WeldeleMontana Supreme Court · 2003
- State v. CarterMontana Supreme Court · 2005
- State Ex Rel. Mazurek v. District Court of the Twentieth Judicial DistrictMontana Supreme Court · 2000
- Ponderosa Pines Ranch, Inc. v. HevnerMontana Supreme Court · 2002
- Town of Columbus v. HarringtonMontana Supreme Court · 2001
21 more not listed; retrieve them via the Exa API.