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liabilityappealtrialadmissibility
appealtrialadmissibility

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Emerson v. State, 880 S.W.2d 759

Facts

On December 15, 1990, Corpus Christi police officer Arturo Trevino responded to an automobile accident where he detected a strong odor of alcohol from the driver, Sharon Lee Emerson. Trevino observed signs of intoxication during field sobriety tests, including the HGN test, where Emerson exhibited all six clues indicating intoxication. Trevino, who was trained and certified to administer the HGN test, concluded that Emerson was intoxicated based on her performance on the tests.

On December 15, 1990, Corpus Christi police officer Arturo Trevino responded to an automobile accident …

Issue

Did the court of appeals err in holding that the trial court did not abuse its discretion by admitting the results of the horizontal gaze nystagmus (HGN) test?

Did the court of appeals err in holding that the trial court did not abuse its discretion by admitting the results of the horizontal gaze nystagmus (HGN) test?

Rule

The admissibility of scientific evidence is governed by Texas Rule of Criminal Evidence 702, which requires that the underlying scientific theory and technique be reliable.

The admissibility of novel scientific evidence is governed by Texas Rule of Criminal Evidence 702 …

Analysis

The court determined that the HGN test is based on a scientific theory that alcohol affects human eye movement, and thus it must satisfy the reliability criteria set forth in Kelly v. State. The court took judicial notice of the reliability of the HGN test's underlying theory and technique, concluding that the test is a reliable indicator of intoxication but not of precise BAC. The court found that Officer Trevino properly administered the HGN test according to established procedures.

The court determined that the HGN test is based on a scientific theory that alcohol affects human eye movement …

Conclusion

The court affirmed the decision of the court of appeals, holding that the trial court did not err in admitting the HGN test results as evidence of Emerson's intoxication.

The court affirmed the decision of the court of appeals …

Who won?

The State prevailed in the case because the court upheld the admissibility of the HGN test results, finding them reliable as evidence of intoxication.

The State prevailed in the case because the court upheld the admissibility of the HGN test results …

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