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Legal Opinion

MacK v. Cruikshank

Court of Appeals of Arizona

Decided September 16, 1999No. 2 CA-SA 99-0034, 2 CA-SA 99-0040, 2 CA-SA 99-0057PublishedCited by 30 opinions

1Opinion of the Court

OPINION

FLÓREZ, Judge.

¶ 1 In these consolidated special action proceedings, petitioners Nanci Mack and Robert Marmion and real party in interest Glenda Hawkins (collectively, the defendants) were each charged in the underlying criminal proceedings with violating former A.R.S. § 28-692(A)(l), driving while under the influence of intoxicating liquor (DUI), and former § 28-692(A)(2), driving with an alcohol concentration of 0.10 or more. 1 After discovering that the Intoximeter RBT-IV used to test the defendants’ breath was unreliable, the state voluntarily dismissed the (A)(2) charges and agreed…

2Cases cited26 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. Campbell v. Superior CourtArizona Supreme Court · 1971
  4. McNutt v. Superior Court of State of Ariz.Arizona Supreme Court · 1982
  5. Baca v. SmithArizona Supreme Court · 1979

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3Cited by30 opinions

  1. State v. RosengrenCourt of Appeals of Arizona · 2000
  2. Savord v. MortonCourt of Appeals of Arizona · 2014
  3. State v. RasulCourt of Appeals of Arizona · 2007
  4. State v. O'DELLCourt of Appeals of Arizona · 2002
  5. State v. TurnerCourt of Appeals of Utah · 2012

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

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