STATE v. HERRMAN

No. 90,760.

33 Kan.App. 2d 46 (2004)

99 P.3d 632

STATE OF KANSAS, Appellee, v. CURTIS JOHN HERRMAN, Appellant.

Court of Appeals of Kansas.

Opinion filed May 21, 2004.


Attorney(s) appearing for the Case

Michael S. Holland II and Michael S. Holland, of Russell, for appellant.

Glenn R. Braun, special prosecutor, of Glassman, Bird, Braun & Schwartz, L.L.P., and Phill Kline, attorney general, for appellee.

Before HILL, P.J., JOHNSON and McANANY, JJ.


HILL, J.:

In this case we are asked to determine whether a deficient breath sample can be admitted as "other competent evidence" in a prosecution under subsection (a)(1) of our DUI statute (K.S.A. 8-1567). An examination of the legislative history of the statute and the application of the legal maxim expressio unius est exclusio alterius (the inclusion of one thing implies the exclusion of another) leads us to conclude that such evidence is not admissible....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases