Legal Opinion

Ellis v. State

Texas Court of Appeals, 10th District (Waco)

Decided October 23, 2002No. 10-01-260-CRPublishedCited by 26 opinions

1Opinion of the Court

OPINION

BILL VANCE, Justice.

A jury convicted Frank Martin Ellis of driving while intoxicated, and the court sentenced him to 180 days in jail; imposition of sentence was suspended, and the court placed Ellis on community supervision for eighteen months. Ellis’s two issues on appeal are that the arresting officer should not have been allowed to testify about administering the Horizontal Gaze Nystagmus (“HGN”) test to Ellis because (1) the officer did not properly administer the test, and (2) he was not certified to conduct the test and therefore was not qualified as an expert on HGN testing. We…

2Cases cited11 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. King v. StateCourt of Criminal Appeals of Texas · 1997
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1998
  4. Wyatt v. StateCourt of Criminal Appeals of Texas · 2000
  5. Kelly v. StateCourt of Criminal Appeals of Texas · 1992

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

3Cited by26 opinions

  1. Saldana v. State, Texas Court of Appeals, 3rd District (Austin)2004
  2. State v. Rudd, Texas Court of Appeals, 10th District (Waco)2008
  3. Donald Wayne Warren v. State, Texas Court of Appeals, 1st District (Houston)2011
  4. State v. ComminsConnecticut Appellate Court · 2004
  5. State v. Daniel Cabral-Tapia, Texas Court of Appeals, 7th District (Amarillo)2019

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

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