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STATE v. SHADDEN

No. 97,457.

235 P.3d 436 (2010)

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

Supreme Court of Kansas.

July 9, 2010.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Phill Kline, district attorney, and Steve Six, attorney general, were with him on the brief for appellee.

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

Richard Shadden appeals his conviction for driving under the influence of alcohol (DUI) to an extent that it rendered him incapable of safely driving a vehicle, in violation of K.S.A. 2009 Supp. 8-1567(a)(3). During the trial, a law enforcement officer testified Shadden failed the National Highway Traffic Safety Administration's (NHTSA) standardized walk-and-turn test and his failure meant there was a 68 percent...

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