State v. Albright

Filed as part of the charging instrument is a copy of a printed checklist filled. out by Trooper Jones reciting that the first test was administered at 3:14 a.m. This checklist was specifically referred to repeatedly by Jones in his testimony at the suppression hearing, without however mentioning that specific time. The checklist itself was not offered as evidence.

Also filed as part of the charging instrument is an affidavit of probable cause executed by Jones reciting that the third test was administered to appellant at 3:38 am. The affidavit was not offered as evidence.

When defense counsel…