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STATE v. McCORMACK

Nos. 17742, 17898.

793 P.2d 682 (1990)

117 Idaho 1009

STATE of Idaho, Plaintiff-Respondent, v. James McCORMACK, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Casey CREE, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied June 20, 1990.

Attorney(s) appearing for the Case

Mary L. Pearson, Edmonds, Wash., for appellants.

Jim Jones, Idaho Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for respondent.

BOYLE, Justice.

James McCormack and Casey Cree, both enrolled members of the Nez Perce Tribe, challenge the jurisdiction of the State of Idaho to require them to submit to breath tests under Idaho's implied consent statute, I.C. § 18-8002. The cases are consolidated on appeal because similar facts and identical legal issues are presented to the Court.

McCormack was driving a motor vehicle on U.S. Highway 95 within the Nez Perce

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