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Legal Opinion

State v. Hicks

Court of Appeals of Kansas

Decided August 29, 2025No. 126734Published

1Opinion of the Court

No. 126,734 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee/Cross-appellant, v. JESSE LYDELL HICKS, Appellant/Cross-appellee. SYLLABUS BY THE COURT 1. City of Wichita v. Molitor, 301 Kan. 251, 263,

341 P.3d 1275

(2015), does not hold that horizontal gaze nystagmus (HGN) tests are never admissible in court or that law enforcement cannot use the HGN test as part of their independent investigation. The results will simply not be admitted into evidence or considered by the finder of fact in the calculus for reasonable suspicion absent expert testimony regarding their…

2Cases cited28 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. United States v. HensleySupreme Court of the United States · 1985

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