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eBook details

• Title: State v. Compton
• Author : Supreme Court of Kansas
• Release Date : January 10, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The opinion of the court was delivered by The State of Kansas appeals in these drunken [233 Kan. 692] driving cases from orders of the trial courts declaring portions of K.S.A. 8-1001 and 8-1567 unconstitutional. The defendants, Joe N. Compt on, Thomas A. Williams, Kelly R. Keenan and Jose Ramirez, were each charged with driving a motor vehicle while under the influence of alcohol (DUI) in violation of K.S.A. 8-1567. None of the cases has been tried. In Compton and Williams, the State appeals as a matter of right under K.S.A. 22-3602(b)(1) from orders finding K.S.A. 8-1001(c) and K.S.A. 8-1567(c), (d), and (e) unconstitutional and dismissing the case. In Keenan, the State brings an interlocutory appeal under K.S.A. 22-3603 from an order suppressing evidence of the results of the blood alcohol test administered to the defendant, based upon a finding that K.S.A. 8-1001(c) is unconstitutional. In Ramirez, the State brings an interlocutory appeal, K.S.A. 22-3603, from an order suppressing evidence of defendant's refusal to take a blood alcohol test, based on the trial court's holding that K.S.A. 8-1001(c) is unconstitutional. Because of the identity of issues, the cases were consolidated for hearing on appeal.

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