· 7/9/1982
McNutt v. Superior Court of State of Ariz.
Citations
- 648 P.2d 122
- 133 Ariz. 7
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing case because the police had not allowed the defendant to call his attorney while in custody, and an independent blood-alcohol test taken upon his release two and one-half hours after the traffic stop would have been meaningless
- dismissal of DWI case with prejudice appropriate where state prevented defendant from obtaining independent blood test
- police prevented defendant from having attorney arrange independent blood test when attorney available by telephone
- dismissal is proper remedy for denial of right to counsel in DWI case
- dismissal is proper remedy for denial of right to counsel in DWI case
- where the court stated that dismissal of the case with prejudice is the appropriate remedy where the state’s actions foreclosed a fair trial by preventing the defendant from collecting exculpatory evidence which was no longer available
Source: CourtListener parenthetical corpus (CC0).
Judges: Gordon, Holohan, Hays, Cameron, Feldman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.