Legal Opinion
State v. Munden
Superior Court of Delaware
Decided August 25, 2005No. Nos. N-03-08-3051, N-03-08-3052PublishedCited by 2 opinions
1Opinion of the Court
HERLIHY, Judge.
The State has appealed a decision of the Court of Common Pleas dismissing a driving under the influence (DUI) charge against Christine Munden. The trial court dismissed the charge because the State Chemist was not present to testify, as requested of the State by the defense.
The evidence of Munden’s blood alcohol content was to come from an intoxilyzer reading not a blood test. The statutes regarding admissibility of results of alcohol content taken from blood samples provide the defendant may request the presence at trial of the State Chemist. The Court of Common Pleas has…
2Cases cited8 opinions
- Shields v. StateSupreme Court of Delaware · 1977
- Zimmerman v. StateSupreme Court of Delaware · 1993
- Richardson v. WileSupreme Court of Delaware · 1988
- State v. 0.0673 ACRES OF LAND, ETC.Supreme Court of Delaware · 1966
- Clawson v. StateSupreme Court of Delaware · 2005
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3Cited by2 opinions
- Evans v. StateSuperior Court of Delaware · 2019
- Evans v. StateSuperior Court of Delaware · 2019