Legal Topics

Criminal Law — Driving Under Influence — Evidence — Breath Test — Incident To Arrest — Defendant Was Under Lawful Arrest For Fleeing And Eluding, An Offense Committed While Defendant Was Driving And, Accordingly

May 07th, 2019 in News by admin

Criminal law -- Driving under influence -- Evidence -- Breath test -- Incident to arrest -- Defendant was under lawful arrest for fleeing and eluding, an offense committed while defendant was driving and, accordingly, request for breath test was “incidental…


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Criminal Law — Statutory Immunity — Stand Your Ground Law — Amendment To Statute Placing Burden Of Proof On State To Overcome Immunity Claim By Clear And Convincing Evidence Does Not Apply

May 02nd, 2019 in News by admin

Criminal law -- Statutory immunity -- Stand Your Ground law -- Amendment to statute placing burden of proof on state to overcome immunity claim by clear and convincing evidence does not apply to instant case which matured prior to enactment…


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