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STATE v. KERRIGAN

No. 123,862.

538 P.3d 852 (2023)

STATE of Kansas, Appellee, v. Thomas James KERRIGAN, Appellant.

Supreme Court of Kansas.

Opinion Filed November 17, 2023.

Attorney(s) appearing for the Case

John A. Griffin , assistant county attorney, argued the cause, and David Lowden , deputy county attorney, Barry Wilkerson , county attorney, and Derek Schmidt , Kansas attorney general, were with him on the briefs for the appellee.

Jeremiah L. Platt , of Clark & Platt, Chtd., of Manhattan, argued the cause, and Barry A. Clark , of the same firm, was on the brief for appellant.

After a bench trial on stipulated facts, a district court convicted Thomas Kerrigan of driving under the influence. Before trial, Kerrigan moved to suppress the results of an evidentiary breath test (EBT) based on a violation of his statutory right to counsel under K.S.A. 2019 Supp. 8-1001...

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