STATE v. DUKES

No. 96,563.

231 P.3d 558 (2010)

STATE of Kansas, Appellee, v. Scott A. DUKES, Appellant.

Supreme Court of Kansas.

May 6, 2010.


Attorney(s) appearing for the Case

Rick Kittel, of Kansas Appellate Defender Office, argued the cause, and was on the brief for appellant.

David Lowden, chief attorney, appellate division, argued the cause and Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul Morrison, attorney general, were on the brief for appellee.


The opinion of the court was delivered by NUSS, J.:

Scott Dukes appeals the Court of Appeals' affirmation of his convictions of driving while under the influence of alcohol and driving with a suspended license. Dukes argues that the district court violated his Sixth Amendment Confrontation Clause rights when it admitted into evidence breathalyzer certification documents and a certified driving record without requiring the preparers of the evidence to testify.

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