Commonwealth v. Howlett

I respectfully dissent from the majority’s certification limiting a court’s judicial notice under KRE 201(b)(2), as the fact in issue in this case was clearly one “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,” i.e., the manufacturer’s manual, which states, “[djuring [the observation] period the subject shall not have oral or nasal intake of substances which will affect the test.” CMI, Inc., Intoxilyzer 5000EN Breath Analysis Instrument Operator’s Manual (Kentucky Model) 12 (2000). Moreover, a prior decision establishes that a…