Legal Opinion
State v. Hill
Missouri Court of Appeals
Decided September 7, 1993No. WD 46600PublishedCited by 44 opinions
1Opinion of the Court
FENNER, Judge.
Appellant, Richard Alan Hill, appeals his convictions after trial by jury of driving while intoxicated and driving while revoked.
I
In his first point on appeal, appellant argues that the trial court erred by allowing testimony regarding the horizontal gaze nys-tagmus (HGN) test. Appellant argues specifically that the HGN test does not meet the Frye test for reliability. Appellant further argues that the HGN test was improperly used as a method of determining blood alcohol concentration.
A. HGN
The court in Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923), held that evidence…
2Cases cited14 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- State v. ErvinSupreme Court of Missouri · 1992
- State v. ParkhurstSupreme Court of Missouri · 1993
- State v. WheatSupreme Court of Missouri · 1989
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3Cited by44 opinions
- People v. LeahyCalifornia Supreme Court · 1994
- State v. CarsonSupreme Court of Missouri · 1997
- State v. BaueNebraska Supreme Court · 2000
- Commonwealth v. SandsMassachusetts Supreme Judicial Court · 1997
- People v. McKownIllinois Supreme Court · 2007
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