Legal Opinion

United States v. Fulkerson

District Court, D. Hawaii

Decided March 24, 1986No. Crim. 85-02046, 85-01993 and 85-01984PublishedCited by 6 opinions

1Opinion of the Court

ORDER AFFIRMING MAGISTRATE’S DECISION

SAMUEL P. KING, Senior District Judge.

Defendants are active-duty soldiers who were apprehended for driving under the influence of intoxicating liquor while on military installations in Hawaii. They have been charged under Hawaii Revised Statutes §§ 291-4(a)(l) and 291-4(a)(2), which make it unlawful to assume control of a vehicle while under the influence of alcohol or while having a blood-alcohol content, by weight, of more than 0.10 percent.

The issue on appeal is whether these crimes, as applied to active-duty soldiers, are made federal offenses by the…

2Cases cited21 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. O'Callahan v. ParkerSupreme Court of the United States · 1969
  4. Grafton v. United StatesSupreme Court of the United States · 1907
  5. Takao Ozawa v. United StatesSupreme Court of the United States · 1922

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3Cited by6 opinions

  1. United States v. Harry Lynn HallCourt of Appeals for the Third Circuit · 1992
  2. United States v. James K. Mariea and Jerry M. Smith, United States of America v. James K. MarieaCourt of Appeals for the First Circuit · 1986
  3. United States v. KnottDistrict Court, E.D. Virginia · 1989
  4. United States v. CarlsonDistrict Court, D. Hawaii · 1989
  5. State v. SmithSupreme Court of North Carolina · 1991

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