Legal Opinion
State v. Shadden
Court of Appeals of Kansas
Decided January 16, 2009No. 97,457PublishedCited by 2 opinions
1Opinion of the Court
Pierron, J.:
Richard Dale Shadden appeals his conviction and sentence for driving under the influence of alcohol (DUI). Shad- den challenges several rulings by the district court and alleges prosecutorial misconduct. We find the admission of the testimony by an arresting officer that there was a 68% likelihood that Shadden was under the influence to an unlawful degree was scientific opinion that was not properly supported by expert testimony. We reverse and remand with directions.
On December 27, 2005, Officers Nick Weiler and Shannon Goodnight received a citizen complaint. Following the…
2Cases cited46 opinions
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Pennsylvania v. MunizSupreme Court of the United States · 1990
- Emerson v. StateCourt of Criminal Appeals of Texas · 1994
- State v. ReidSupreme Court of Kansas · 2008
41 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. ShaddenSupreme Court of Kansas · 2010
- Bravo v. StateCourt of Appeals of Georgia · 2010