Legal Opinion

State v. Helms

Supreme Court of North Carolina

Decided July 9, 1998No. 468PA97PublishedCited by 24 opinions

1Opinion of the Court

FRYE, Justice.

Defendant appealed his conviction of driving while impaired in violation of N.C.G.S. § 20-138.1. He contended that the trial court erred by admitting into evidence the results of a horizontal gaze nystagmus (HGN) test without the establishment of a proper foundation. Defendant contended that the HGN test is a scientific test requiring expert testimony as to its reliability. The Court of Appeals agreed that the State failed to lay a proper foundation at trial for admission of the HGN test results. Nevertheless, the panel concluded that the error was harmless and upheld…

2Cases cited20 opinions

  1. Emerson v. StateCourt of Criminal Appeals of Texas · 1994
  2. State v. BullardSupreme Court of North Carolina · 1984
  3. State v. Superior CourtArizona Supreme Court · 1986
  4. People v. LeahyCalifornia Supreme Court · 1994
  5. State v. GoodeSupreme Court of North Carolina · 1995

15 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. BaueNebraska Supreme Court · 2000
  2. People v. McKownIllinois Supreme Court · 2007
  3. United States v. HornDistrict Court, D. Maryland · 2002
  4. State v. DoriguzziNew Jersey Superior Court Appellate Division · 2000
  5. State v. HelmsSupreme Court of North Carolina · 1998

19 more not listed; retrieve them via the Exa API.

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