Dorwart v. Caraway, 58 P.3d 128 (2002)
Oct 31, 2002OUTCOME: Established new cause of action for damages for violations of the Montana Constitution.
Held: Case established a new cause of action in Montana for violations of the Montana Constitution.
Gary Rowe Thomas's Legal Cases (3)
Austin, TX
DUI and DWI Lawyer at Austin, TX
Practice Areas: DUI & DWI, Criminal Defense ... +2 more
Dorwart v. Caraway, 966 P.2d 1121 (1998)
Aug 04, 1998OUTCOME: Statutes for executing writs of execution violate due process; search of residence under writ of execution violated rights against unreasonable search and seizure, rights of privacy and due process.
Plaintiff challenged search of residence under Writ of Execution, alleging constitutional violations; challenged Montana's statutory scheme for executing on personal property.
Hulse v. Montana Dept. of Justice Motor Vehicle Division, 961 P.2d 75 (1998)
May 05, 1998OUTCOME: Horizontal Gaze Nystagmus test ruled inadmissible without expert foundation (police testimony insufficient).
Held: Horizontal Gaze Nystagmus police test for alcohol is inadmissible in court unless State provides expert witness to explain why alcohol consumption causes gaze nystagmus; police officer's testimon ... y that he was trained on the test and administered it according to his training was insufficient foundation. ALSO HELD: police field sobriety tests are a search within 4th amendment, requiring particularized suspicion that motorist was drinking and driving.
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