United States v. Harrington, No. 12-10526 (9th Cir. 2014)
Annotate this CaseDefendant appealed his conviction for refusing to submit to a test of blood alcohol content. The court concluded that it was fundamentally unfair to convict defendant on the refusal charge when he was told time and again that his refusal to submit to a blood alcohol test was not in itself a crime, even though it was. Accordingly, the court reversed the conviction.
Court Description: Criminal Law. The panel reversed a conviction for refusal to submit to a blood alcohol test in a national park. The panel held that it was fundamentally unfair, and a violation of due process, to convict the defendant when park rangers three times told him that his refusal to submit to a blood alcohol test was not in itself a crime, even though it was.
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