View Summary
State of Kansas Appellant
vs.
Janet P. Flinchpaugh Appellee
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Issues:
Cocaine, evidence, post accident testing
Case Summary:
Prosecutors appeal the dismissal of cocaine possession charges against Janet Flinchpaugh. Authorities charged Flinchpaugh after a post-accident blood test produced a positive result for cocaine. Flinpaugh's vehicle allegedly struck a second vehicle, killing one person.
Decision of lower jurisdiction:
A trial judge dismissed the possession charge against Flinchpaugh. The court ruled the positive test result only indicated Flinchpaugh had cocaine in her body. The test did not report how the cocaine arrived in her body. The presence of cocaine did not constitute possession, the court ruled. Prosecutors now appeal the ruling.
Outcome:
Flinchpaugh wins. The Supreme Court of Kansas affirmed the trial court's ruling.