Emerson v. State

Appellant contends the trial judge erred in admitting novel scientific evidence, namely the results of a horizontal gaze nystagmus (HGN) test.1 Because the majority relieves the State of the burden of proving the reliability of that test, I respectfully dissent.

I

THE INSTANT CASE

Arturo Trevino, a Corpus Christi police officer, testified he attended a three-day school to become certified to administer the HGN test. Through his training, Trevino was taught to observe “very distinct jerking of the eyeball” because, as Trevino testified:... when you look to the right and you are sober you have…