Legal Opinion
State v. Barker
West Virginia Supreme Court
Decided February 23, 1988No. 17942PublishedCited by 64 opinions
1Opinion of the Court
BROTHERTON, Justice:
Robert M. Barker appeals his conviction by a Wood County jury of Third Offense Driving Under the Influence of Alcohol, W.Va. Code § 17C-5-2(i) (Supp.1987). Barker argues that the lower court erred in admitting (1) evidence of his prior convictions for driving under the influence; (2) the results of a Horizontal Gaze Nystag-mus Test; and (3) evidence that Barker refused to take a breathalyzer test. 1 For the reasons set forth below, we find the results of the Horizontal Gaze Nystagmus test should have been excluded, and we reverse the judgment of the Circuit Court of Wood…
2Cases cited6 opinions
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- State v. Superior CourtArizona Supreme Court · 1986
- State v. ClawsonWest Virginia Supreme Court · 1980
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1987
- State v. ReedCourt of Appeals of Oregon · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Emerson v. StateCourt of Criminal Appeals of Texas · 1994
- Muscatell v. ClineWest Virginia Supreme Court · 1996
- People v. LeahyCalifornia Supreme Court · 1994
- Wilt v. BurackerWest Virginia Supreme Court · 1994
- State v. BressonOhio Supreme Court · 1990
59 more not listed; retrieve them via the Exa API.