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6 Kansas opinions name it 2 courts 1997–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Ruble v. Kansas Department of Revenuegreen1 sentence2011See Ruble v. Kansas Dept. of Revenue, 26 Kan. | 1 | 1 |
Wieseler v. Prinsgreen2 sentences1999See Wieseler v. Prins, 167 Ariz. 223, 225-26 , 805 P.2d 1044 (Ct. App. 1990), rev. denied March 5, 1991 (license revocation statute does not require consideration of margin of error before determining a person’s blood alcohol level); Hrncir v. Commissioner of Public Safety, 370 N.W.2d 444, 445 (Minn. App. 1985) (“The [Minnesota implied consent] statute refers to test results showing a blood alcohol concentration of .10 or more, not .10 plus or minus a margin or error.”). 1999See Wieseler v. Prins, 167 Ariz. 223, 225-26 , 805 P.2d 1044 (Ct. App. 1990), rev. denied March 5, 1991 (license revocation statute does not require consideration of margin of error before determining a person’s blood alcohol level); Hrncir v. Commissioner of Public Safety, 370 N.W.2d 444, 445 (Minn. App. 1985) (“The [Minnesota implied consent] statute refers to test results showing a blood alcohol concentration of .10 or more, not .10 plus or minus a margin or error.”). | 1 | 1 |
Hrncir v. Commissioner of Public Safetygreen1 sentence1999See Wieseler v. Prins, 167 Ariz. 223, 225-26 , 805 P.2d 1044 (Ct. App. 1990), rev. denied March 5, 1991 (license revocation statute does not require consideration of margin of error before determining a person’s blood alcohol level); Hrncir v. Commissioner of Public Safety, 370 N.W.2d 444, 445 (Minn. App. 1985) (“The [Minnesota implied consent] statute refers to test results showing a blood alcohol concentration of .10 or more, not .10 plus or minus a margin or error.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Culombe v. Connecticut
green
2 sentences2024In other words, as the Court explained, "the mental state of involuntariness upon which the due process question turns can never be affirmatively established other than circumstantially—that is, by inference; and it cannot be competent to the trier of fact to preclude our review simply by declining to draw inferences which the historical facts compel." 367 U.S. at 605 . 2024In part, this is "because the apprehension of mental states is almost invariably a matter of induction, more or less imprecise, and the margin of error which is thus introduced into the finding of 'fact' must be accounted for in the formulation and application of the 'rule' designed to cope with such classes of facts." 367 U.S. at 604 . | 1 | 2024–2024 |
Hall v. Florida
green
1 sentence2018Hall , 134 S.Ct. at 2000 . | 1 | 2018–2018 |
State v. Witte
green
1 sentence2009In Witte , the Kansas Supreme Court held that the erroneous admission of the HGN test results could not be held harmless because the later breath test results indicated that Witte possessed a BAC of .103 and the margin of error was unclear. 251 Kan. at 330-31 . | 1 | 2009–2009 |
State v. Lawson
neutral
1 sentence1999See, e.g., Iowa Code § 321J.12 (1997 Supp.) (Iowa’s license revocation statute was subsequently amended after Nugent to require the hearing officer to consider die established margin of error inherent in the testing device utilized); Lawson, 261 Kan. at 966 . | 1 | 1999–1999 |
Richard W. Spence v. Hal Farrier
green
1 sentence1997They have also noted that although such tests are not 100% reliable and could result in an inmate being unjustly disciplined, “the margin of error is insignificant in light of institutional goals” and the State should not be required to provide “all possible procedural safeguards against erroneous deprivation of liberty.” 807 F.2d at 756 . | 1 | 1997–1997 |
MacKey v. Montrym
green
2 sentences1997This is consistent with the United States Supreme Court decisions holding that “the Due Process Clause has never been construed to require that the procedures used to guard against an erroneous deprivation of a protectable property’ or liberty’ interest be so comprehensive as to preclude any possibility of error.” Mackey v. Montrym, 443 U.S. 1, 13 , 61 L. 1997This is consistent with the United States Supreme Court decisions holding that “the Due Process Clause has never been construed to require that the procedures used to guard against an erroneous deprivation of a protectable property’ or liberty’ interest be so comprehensive as to preclude any possibility of error.” Mackey v. Montrym, 443 U.S. 1, 13 , 61 L. | 1 | 1997–1997 |
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.