State v. Hill

HORTON, Justice.

Jonathan Hill appeals from his conviction for felony driving under the influence (DUI). His appeal presents a single question. Over Hill’s unsuccessful hearsay objection, the deputy sheriff who conducted field sobriety tests (FSTs) of Hill was permitted to testify as to what he had been taught regarding the presence of vertical nystagmus. Hill’s appeal challenges this evidentiary ruling by the district court. We vacate Hill’s conviction and remand for a new trial.

I. FACTUAL AND PROCEDURAL BACKGROUND

On the evening of January 10, 2014, the Nez Perce County Sheriffs Office…