S. E. Ellsworth v. Martindale-Hubbell Law

Defendant-appellant, Martin J. Dake, was charged with violating then Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1992) by driving while under the influence of alcoholic liquor or while having an excessive concentration of alcohol in his blood, breath, or urine. He was thereafter convicted by the county court of "driving while under the influence of alcohol." That adjudication was affirmed by the district court and the Nebraska Court of Appeals. State v. Dake, 94 NCA No. 35, case No. A-93-1101 (not designated for permanent publication). Dake thereafter successfully sought further review by this court. He asserts, in summary, that the Court of Appeals erred in affirming the district courts failure to rule that the county court erred by (1) failing to make specific findings of fact and Conclusions of law, (2) failing to sustain Dakes motion to suppress certain evidence, (3) admitting certain evidence, and (4) finding the evidence sufficient to support the charge. We now affirm the judgment of the Court of Appeals.