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Legal Opinion

State v. Fudge

Court of Appeals of Kansas

Decided September 30, 2022No. 124793Published

1Opinion of the Court

No. 124,793 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. JEREMY R. FUDGE, Appellee. SYLLABUS BY THE COURT 1. The State meets the minimal foundational requirements for admission of a breathalyzer test by showing that the operator and the testing equipment were certified, and the testing procedures met the requirements set out by the Kansas Department of Health and Environment. K.S.A. 2020 Supp. 8-1002(a)(3). 2. The required testing procedures set out by the KDHE for evidentiary breath alcohol tests are in the written protocol published by the KDHE for the…

2Cases cited16 opinions

  1. Harrington v. RichterSupreme Court of the United States · 2011
  2. United States v. KahnSupreme Court of the United States · 1974
  3. Vorhees v. BaltazarSupreme Court of Kansas · 2007
  4. Kuhn v. Sandoz Pharmaceuticals Corp.Supreme Court of Kansas · 2000
  5. State v. BristorSupreme Court of Kansas · 1984

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