Legal Opinion
State v. Warner
Court of Appeals of Oregon
Decided May 29, 2002No. 990544488; A108124PublishedCited by 27 opinions
1Opinion of the CourtBrewer, J.
The state assigns error to two pretrial orders suppressing evidence against defendant, who was charged with driving under the influence of intoxicants (DUII). ORS 813.010. Defendant cross-assigns error to the trial court’s denial of his motion to suppress the results of a horizontal gaze nystagmus (HGN) test administered to him while he was in the hospital. We review the trial court’s legal conclusions for errors of law, State v. Komas, 170 Or App 468, 472, 13 P3d 157 (2000), and reverse.
The following facts are taken from the evidence presented at a pretrial omnibus hearing. On May 7,1999,…
2Cases cited21 opinions
- Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
- Ball v. GladdenOregon Supreme Court · 1968
- State v. SmithOregon Supreme Court · 1990
- State v. MageeOregon Supreme Court · 1987
- Waddill v. Anchor Hocking, Inc.Oregon Supreme Court · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. McMillanCourt of Appeals of Oregon · 2002
- State v. BushCourt of Appeals of Oregon · 2006
- State v. CoenCourt of Appeals of Oregon · 2005
- State v. HarrymanCourt of Appeals of Oregon · 2016
- State v. SCHWERBELCourt of Appeals of Oregon · 2010
22 more not listed; retrieve them via the Exa API.