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MORGAN v. SHIRLEY

No. 89-5992.

958 F.2d 662 (1992)

Mark Alan MORGAN, Petitioner-Appellant, v. Fred SHIRLEY, Barren County Jailer and Frederick J. Cowan, Kentucky Attorney General, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1992.

Rehearing and Rehearing Denied March 9, 1992.

Attorney(s) appearing for the Case

Thomas W. Davis, Glasgow, Ky. (argued and briefed), for Mark Alan Morgan.

David A. Sexton, Asst. Atty. Gen., Office of the Atty. Gen. of Kentucky, Frankfort, Ky., Danny J. Basil, Glasgow, Ky., for Fred Shirley.

David A. Sexton, and John Gillig, (argued and briefed), Asst. Attys. Gen., Chris Gorman, Atty. Gen., Office of the Atty. Gen. of Kentucky, Frankfort, Ky., for Frederick J. Cowan.

Before NELSON, Circuit Judge, and LIVELY and WELLFORD, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied March 9, 1992.

DAVID A. NELSON, Circuit Judge.

Section 189A.010 of the Kentucky Revised Statutes makes it a misdemeanor to drive a motor vehicle while under the influence of alcohol. Prior to statutory revisions that became effective last July, a companion statute, KRS 189.520, created a rebuttable evidentiary presumption that a driver with a blood alcohol concentration of 0.10 percent or more at the time of testing was...

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