Ashley R. Hambright v. United States
Petitioner, ASHLEYR. HAMBRIGHT, appealed her twelve months of supervised probation
for driving while intoxicated ("DWI") on the grounds of a military joint base. (Exhibit A,
page 1). The sentence followed a bench trial before a United States Magistrate Judge.
(Exhibit A, page 1). On direct appeal, Ms. Hambright argued the Court failed to apply well
established Texas law on the elements of a DWI offense and used prejudicial facts which
were irrelevant on the issue of sufficiency of the evidence. The United States Court of
Appeals for the Fifth Circuit ("Fifth Circuit") disagreed and affirmed the conviction.
(Exhibit A, page 1).
Respectfully, the decision of the Fifth Circuit decided important federal questions in
away that conflicts with relevant decisions of this Court. Specifically, in a manner which
is contrary to the stare decisis of this Court, the Fifth Circuit relied on an incorrect
statement of the law on causation to establish intoxication on a DWI charge and failed to
evaluate the Magistrate Judge's reason for finding intoxication. Thus, a compelling reason
is presented in support of discretionary review by this Honorable Court.
Whether the Fifth Circuit erred in affirming the DWI conviction by relying on an incorrect statement of the law on causation and failing to evaluate the Magistrate Judge's reasoning for finding intoxication