Legal Opinion

State v. Ito

Hawaii Intermediate Court of Appeals

Decided May 24, 1999No. 21259PublishedCited by 41 opinions

1Opinion of the Court

Opinion of the Court by

WATANABE, J.

In this appeal, we have been asked to decide whether the District Court of the First Circuit (the district court) properly relied on the results of a Horizontal Gaze Nys-tagmus (HGN) test in determining that probable cause existed to arrest Defendants Appellant Stanford M. Ito (Defendant) for driving under the influence of intoxicating liquor (DUI), in violation of Hawai'i Revised Statutes (HRS) § 291-4 (1993 & Supp.1998). 1 Defendant maintains that the HGN test results should not have been admitted into evidence because (1) no expert testimony was presented…

2Cases cited58 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. Emerson v. StateCourt of Criminal Appeals of Texas · 1994
  5. United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992

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3Cited by41 opinions

  1. State v. VlietHawaii Supreme Court · 2001
  2. United States v. HornDistrict Court, D. Maryland · 2002
  3. State v. AssayeHawaii Supreme Court · 2009
  4. State v. PaulineHawaii Supreme Court · 2002
  5. State v. DahoodSupreme Court of New Hampshire · 2002

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