BAC test (Kansas) · Go Syfert
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BAC test in Kansas

5 Kansas opinions name it 2 courts 1993–2020 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
South Dakota v. Nevillegreen
scotus · 1983 · cited in 1 Kansas opinions naming this issue, 2020–2020
2 sentences

2020See NHTSA Review 173-175; see also South Dakota v. Neville, 459 U.S. 553, 554, 563-564 , 103 S. Ct. 916 , 74 L.

2020See NHTSA Review 173-175; see also South Dakota v. Neville, 459 U.S. 553, 554, 563-564 , 103 S. Ct. 916 , 74 L.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Missouri v. McNeely green
scotus · 2013
2 sentences

2020Such laws impose significant consequences when a motorist withdraws consent; typically the motorist's driver's license is immediately suspended or revoked, and most States allow the motorist's refusal to take a BAC test to be used as evidence against him in a subsequent criminal prosecution. [Citations omitted.]" 569 U.S. at 160-61 .

2020Such laws impose significant consequences when a motorist withdraws consent; typically the motorist's driver's license is immediately suspended or revoked, and most States allow the motorist's refusal to take a BAC test to be used as evidence against him in a subsequent criminal prosecution. [Citations omitted.]" 569 U.S. at 160-61 .

12020–2020
Birchfield v. N. Dakota. William Robert Bernard green
scotus · 2016
2 sentences

2020Next, in Birchfield v. North Dakota, 579 U.S. ___ , 136 S. Ct. 2160, 2184-85 , 195 L.

2020Next, in Birchfield v. North Dakota, 579 U.S. ___ , 136 S. Ct. 2160, 2184-85 , 195 L.

12020–2020
Fisher v. DeCarvalho green
kan · 2013
2 sentences

2019Under Fisher v. DeCarvalho , 298 Kan. 482 , 490, 314 P.3d 214 (2013), and Barnhart v. Kansas Dept. of Revenue , 243 Kan. 209 , 213, 755 P.2d 1337 (1988), substantial compliance with statutory language is what is required, and that level of compliance was met here.

2019Under Fisher v. DeCarvalho , 298 Kan. 482 , 490, 314 P.3d 214 (2013), and Barnhart v. Kansas Dept. of Revenue , 243 Kan. 209 , 213, 755 P.2d 1337 (1988), substantial compliance with statutory language is what is required, and that level of compliance was met here.

12019–2019
Barnhart v. Kansas Department of Revenue green
kan · 1988
2 sentences

2019Under Fisher v. DeCarvalho , 298 Kan. 482 , 490, 314 P.3d 214 (2013), and Barnhart v. Kansas Dept. of Revenue , 243 Kan. 209 , 213, 755 P.2d 1337 (1988), substantial compliance with statutory language is what is required, and that level of compliance was met here.

2019Under Fisher v. DeCarvalho , 298 Kan. 482 , 490, 314 P.3d 214 (2013), and Barnhart v. Kansas Dept. of Revenue , 243 Kan. 209 , 213, 755 P.2d 1337 (1988), substantial compliance with statutory language is what is required, and that level of compliance was met here.

12019–2019
Podrebarac v. Kansas Department of Revenue green
kanctapp · 1991
2 sentences

2000Podrebarac v. Kansas Dept. of Revenue, 15 Kan.

2000Podrebarac v. Kansas Dept. of Revenue, 15 Kan.

12000–2000
State v. Marek green
kan · 1930
2 sentences

1993State v. Marek, 129 Kan. 830, 834 , 284 Pac. 424 (1930).” All the State must do to reserve a question for appeal, then, is lay the same foundation for appeal that a defendant is' required to lay. *767 In the Dahn trial in the district court, counsel for the City voluntarily told the trial court she would not inquire further and made no effort to present the evidence the trial judge stated was necessary to lay a proper foundation for admission of the BAC test.

1993State v. Marek, 129 Kan. 830, 834 , 284 Pac. 424 (1930).” All the State must do to reserve a question for appeal, then, is lay the same foundation for appeal that a defendant is' required to lay. *767 In the Dahn trial in the district court, counsel for the City voluntarily told the trial court she would not inquire further and made no effort to present the evidence the trial judge stated was necessary to lay a proper foundation for admission of the BAC test.

11993–1993
State v. Crozier green
kan · 1978
2 sentences

1993In State v. Crozier, 225 Kan. 120, 123-24 , 587 P.2d 331 (1978), we summarized a long line of cases dealing with questions reserved, stating: "The third situation where the prosecution is afforded an appeal after final judgment in a criminal case is upon a question reserved by the prosecution provided for in K.S.A. 1977 Supp. 22-3602(b)(3).

1993In State v. Crozier, 225 Kan. 120, 123-24 , 587 P.2d 331 (1978), we summarized a long line of cases dealing with questions reserved, stating: "The third situation where the prosecution is afforded an appeal after final judgment in a criminal case is upon a question reserved by the prosecution provided for in K.S.A. 1977 Supp. 22-3602(b)(3).

11993–1993

Statutes the citing opinions construe

KS § K.S.A. § 8-1001 (4) KS § K.S.A. § 8-1002 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 95 (1991–2020) PA 86 (1992–2026) ID 46 (1990–2025) TX 37 (1999–2024) NM 36 (1993–2025) MO 27 (1992–2019) IL 20 (1999–2025) WA 19 (1989–2016) CO 19 (1987–2025) HI 19 (1996–2025) OR 18 (1993–2025) CA 17 (1992–2025) AZ 15 (1990–2024) IN 11 (1988–2018) MT 11 (1992–2021) MS 10 (1997–2023) VT 10 (1989–2018) NJ 8 (1990–2015) TN 7 (2009–2025) NY 7 (2013–2026) VA 6 (2004–2024) WI 6 (1997–2021) DE 6 (1988–2024) SC 6 (1997–2023) KS 5 (1993–2020) NH 4 (1985–2021) AL 4 (2011–2023) GA 4 (2015–2023) MI 4 (2006–2025) CT 4 (1992–1996) MN 4 (2014–2018) KY 3 (2007–2021) RI 3 (1998–2021) NC 3 (2017–2019) LA 3 (1995–2024) ND 3 (1993–2015) MD 3 (1995–2007) FL 3 (2014–2017) IA 3 (2017–2017) MA 2 (1993–2020) WY 2 (2014–2020) AR 2 (2020–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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