Wulfkuhle v. State Department of Revenue

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal from a judgment of the Shawnee County District Court upholding the refusal of the State of Kansas Department of Revenue (defendant-appellee) to issue subpoenas to compel the arresting officer and a notary public to appear at a driver’s license suspension hearing to verify that a chemical test refusal report was sworn to as required by K.S.A. 1981 Supp. 8-1001. The appellant contends the Depart ment’s refusal to issue the subpoenas denied him his due process right to confront his accusers.

The parties stipulated to the…