Jan. 5, 2006 – Minutes for Kentucky Court of Appeals

  • Click HERE for PDF copy of Minutes with links to each published and non-published decision this week
  • 42 decisions:  Nos. 1-42
  • 1 published decision.
    • 28: Lewis v. Commonwealth
      Affirming; Vanmeter
      CRIMINAL:  DUI and admissibility of breathalyzer (calibration)
      In order for the results of a breath alcohol concentration (BAC) test to be admissible at trial, a proper foundation must be laid.  Held that  certain testimony, that the Intoxilizer® 5000 (Intoxilizer) went through a “calibration check,” met the requirement of showing that an “alcohol simulator analysis” was conducted. 500 KAR1 8:030 §1(2).

Minutes List all published and nonpublished decisions with links to the full text of the decision posted at AOC’s web site plus orders regarding dismissals, extraordinary writs, discretionary review.

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