State v. Hemminger
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The Supreme Judicial Court affirmed Defendant's conviction for operating under the influence, entered after a jury trial, holding that Defendant was not entitled to relief on her allegations of error.
After a trial, a jury found Defendant guilty of operating under the influence and of having a blood-alcohol level of .15 grams or more per 210 liters of breath at the time of the offense. The Supreme Judicial Court affirmed, holding that the trial court (1) did not err in denying Defendant's challenge for cause to a prospective juror based on implied bias; and (2) did not violate Defendant's constitutional rights by factoring into her sentence the court's view that her testimony was untruthful without making perjury findings.
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