Legal Opinion

State v. Hofer

South Dakota Supreme Court

Decided February 23, 1994No. 18107PublishedCited by 55 opinions

1Opinion of the Court

MILLER, Chief Justice.

Shawn David Hofer appeals his conviction for driving while under the influence of alcohol and his conviction as a habitual offender. We affirm.

FACTS

Hofer was charged with driving under the influence of alcohol. State also filed a Part II information alleging that Hofer had two prior convictions for driving under the influence. The DUI case was tried to a jury on July 30, 1992. Over Hofer’s objection, the trial judge allowed the State to admit evidence concerning an intoxilyzer test, including the test results. The jury found Hofer guilty of driving under the influence.

The…

2Cases cited8 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. State v. AdamsSouth Dakota Supreme Court · 1988
  4. Hogg v. First National Bank of AberdeenSouth Dakota Supreme Court · 1986
  5. In RE MARRIAGE OF NICHOLS v. NicholsWisconsin Supreme Court · 1991

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

3Cited by55 opinions

  1. Connecticut v. PorterSupreme Court of Connecticut · 1997
  2. Christian v. GraySupreme Court of Oklahoma · 2003
  3. State v. GuthrieSouth Dakota Supreme Court · 2001
  4. State v. MoellerSouth Dakota Supreme Court · 1996
  5. Kuper v. Lincoln-Union Electric Co.South Dakota Supreme Court · 1996

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

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