STATE v. SHADDEN

No. 97,457.

199 P.3d 167 (2009)

STATE of Kansas, Appellee, v. Richard SHADDEN, Appellant.

Court of Appeals of Kansas.

January 16, 2009.


Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, for the appellant.

Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Stephen N. Six, attorney general, for the appellee.

Before STANDRIDGE, P.J., PIERRON and GREEN, JJ.


PIERRON, J.

Richard Dale Shadden appeals his conviction and sentence for driving under the influence of alcohol (DUI). Shadden challenges several rulings by the district court and alleges prosecutorial misconduct. We find the admission of the testimony by an arresting officer that there was a 68% likelihood that Shadden was under the influence to an unlawful degree was scientific opinion that was not properly supported by expert testimony. We reverse and remand with...

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