State v. Kerrigan

Summary

The Kansas Supreme Court held that the 2018 amendment to K.S.A. 8‑1001(c)(1) unambiguously requires a request for post‑EBT counsel to be made after the breath test, and therefore affirmed the district court’s conviction and reversed the Court of Appeals. The Court emphasized plain‑language interpretation and rejected the panel’s reliance on the rule of lenity.