Legal Opinion

State v. Carney

Montana Supreme Court

Decided January 16, 1986No. 85-116PublishedCited by 21 opinions

1Opinion of the CourtJustice Weber

Michael Carney, defendant, was charged with driving while under the influence of alcohol and with two counts of negligent homicide. During the second day of trial, the Gallatin County District Court sustained defendant’s objection to the admissibility of blood samples because the State failed to establish a proper chain of custody. The State advised the court that they desired to appeal its decision. The Court dismissed the jury. The State appeals. We dismiss the appeal and remand to the District Court with directions that the charges be dismissed with prejudice.

The issues are:

1. Was the…

2Cases cited6 opinions

  1. United States v. JornSupreme Court of the United States · 1971
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Wade v. HunterSupreme Court of the United States · 1949
  4. Crist v. BretzSupreme Court of the United States · 1978
  5. Jackson v. City of Kansas CitySupreme Court of Kansas · 1984

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

3Cited by21 opinions

  1. State v. AguilarCourt of Appeals of Arizona · 2007
  2. State v. StrizichMontana Supreme Court · 1997
  3. State v. T.W.Montana Supreme Court · 1986
  4. State v. CatesMontana Supreme Court · 2009
  5. State v. Howard, Texas Court of Appeals, 7th District (Amarillo)1995

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

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