13 Idaho opinions name it 2 courts 1991–2024 1 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Garrettgreen2 sentences2016See State v. Garrett, 119 Idaho 878, 883 , 811 P.2d 488, 493 (1991) (“Qualifying police officers as experts on the administration of the HGN test is a simple matter....”), Although Rule 703 permitted Deputy Smith to rely on the instruction he had received at the police academy as to the significance of vertical nystagmus when forming his opinion that Hill was under the influence of alcohol, Rule 703 did not permit that information to be disclosed to the jury in the absence of a ruling that its probative value substantially outweighed its prejudicial effect. 2016See State v. Garrett, 119 Idaho 878, 883 , 811 P.2d 488, 493 (1991) (“Qualifying police officers as experts on the administration of the HGN test is a simple matter....”), Although Rule 703 permitted Deputy Smith to rely on the instruction he had received at the police academy as to the significance of vertical nystagmus when forming his opinion that Hill was under the influence of alcohol, Rule 703 did not permit that information to be disclosed to the jury in the absence of a ruling that its probative value substantially outweighed its prejudicial effect. | 3 | 8 |
State v. Gleasongreen2 sentences2015In a subsequent case, the Supreme Court confirmed the holding in Garrett, stating that HGN test evidence may be used “only in conjunction with evidence from other field sobriety tests, and [Garrett] permits the arresting officer to testify only that nystagmus may be an indicator of intoxication, not that it is conclusive evidence.” State v. Gleason, 123 Idaho 62, 66 , 844 P.2d 691, 695 (1992) (emphasis in original). 2015In a subsequent case, the Supreme Court confirmed the holding in Garrett, stating that HGN test evidence may be used “only in conjunction with evidence from other field sobriety tests, and [Garrett] permits the arresting officer to testify only that nystagmus may be an indicator of intoxication, not that it is conclusive evidence.” State v. Gleason, 123 Idaho 62, 66 , 844 P.2d 691, 695 (1992) (emphasis in original). | 2 | 6 |
State v. Mark C. Huntergreen2 sentences2024Taken together, and under the totality of the circumstances, the district court found that “these facts [gave] rise to probable cause to arrest Cabrito for driving under the influence.” The district court also found State v. Hunter, 156 Idaho 568 , 328 P.3d 548 (Ct. App. 2014) “persuasive” and determined “the facts in this case and Hunter are very similar.” In Hunter, this Court held that the information available to the arresting officer, including HGN test results, provided probable cause to arrest Hunter for DUI. 2024Taken together, and under the totality of the circumstances, the district court found that “these facts [gave] rise to probable cause to arrest Cabrito for driving under the influence.” The district court also found State v. Hunter, 156 Idaho 568 , 328 P.3d 548 (Ct. App. 2014) “persuasive” and determined “the facts in this case and Hunter are very similar.” In Hunter, this Court held that the information available to the arresting officer, including HGN test results, provided probable cause to arrest Hunter for DUI. | 1 | 1 |
State v. Martinez-Gonzalezgreen2 sentences2014See generally State v. Martinez-Gonzalez, 152 Idaho 775, 779-80 , 275 P.3d 1, 5-6 (Ct.App.2012) (reviewing probable cause to arrest for DUI and examining many other case scenarios). 2014See generally State v. Martinez-Gonzalez, 152 Idaho 775, 779-80 , 275 P.3d 1, 5-6 (Ct.App.2012) (reviewing probable cause to arrest for DUI and examining many other case scenarios). | 1 | 1 |
State v. Reedgreen2 sentences1991See State v. Reed, 83 Or.App. 451 , 732 P.2d 66 (1987); State v. Barker, 366 S.E.2d 642 (W.Va.1988). 1991See State v. Reed, 83 Or.App. 451 , 732 P.2d 66 (1987); State v. Barker, 366 S.E.2d 642 (W.Va.1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rodgers
green
2 sentences2003State v. Faught, 127 Idaho 873 , 908 P.2d 566 (1995) (admission of expert opinion testimony linking defendant to crime based upon DNA evidence was upheld where witness was qualified as an expert witness in the field and the statistical base used in determining the frequency of a random DNA match was scientifically reliable); State v. Gleason, 123 Idaho 62 , 844 P.2d 691 (1992) (foundation for admission of opinion testimony regarding horizontal gaze nystagmus (HGN) test required showing that HGN test was scientifically reliable and that witness was qualified to testify regarding the test and ad 2003State v. Faught, 127 Idaho 873 , 908 P.2d 566 (1995) (admission of expert opinion testimony linking defendant to crime based upon DNA evidence was upheld where witness was qualified as an expert witness in the field and the statistical base used in determining the frequency of a random DNA match was scientifically reliable); State v. Gleason, 123 Idaho 62 , 844 P.2d 691 (1992) (foundation for admission of opinion testimony regarding horizontal gaze nystagmus (HGN) test required showing that HGN test was scientifically reliable and that witness was qualified to testify regarding the test and ad | 1 | 2003–2003 |
State v. Faught
green
2 sentences2003State v. Faught, 127 Idaho 873 , 908 P.2d 566 (1995) (admission of expert opinion testimony linking defendant to crime based upon DNA evidence was upheld where witness was qualified as an expert witness in the field and the statistical base used in determining the frequency of a random DNA match was scientifically reliable); State v. Gleason, 123 Idaho 62 , 844 P.2d 691 (1992) (foundation for admission of opinion testimony regarding horizontal gaze nystagmus (HGN) test required showing that HGN test was scientifically reliable and that witness was qualified to testify regarding the test and ad 2003State v. Faught, 127 Idaho 873 , 908 P.2d 566 (1995) (admission of expert opinion testimony linking defendant to crime based upon DNA evidence was upheld where witness was qualified as an expert witness in the field and the statistical base used in determining the frequency of a random DNA match was scientifically reliable); State v. Gleason, 123 Idaho 62 , 844 P.2d 691 (1992) (foundation for admission of opinion testimony regarding horizontal gaze nystagmus (HGN) test required showing that HGN test was scientifically reliable and that witness was qualified to testify regarding the test and ad | 1 | 2003–2003 |
State v. Clark
green
2 sentences1991State v. Clark, 234 Mont. 222 , 762 P.2d 853 (1988). 1991State v. Clark, 234 Mont. 222 , 762 P.2d 853 (1988). | 1 | 1991–1991 |
State v. Murphy
green
2 sentences1991This phenomenon was recently described in State v. Murphy, 451 N.W.2d 154 (Iowa 1990): At the outset we note that the principal obstacle to the admissibility of the horizontal gaze nystagmus test may be its pretentiously scientific name. 1991This phenomenon was recently described in State v. Murphy, 451 N.W.2d 154 (Iowa 1990): At the outset we note that the principal obstacle to the admissibility of the horizontal gaze nystagmus test may be its pretentiously scientific name. | 1 | 1991–1991 |
State v. Superior Court
green
2 sentences1991State v. Superior Court, 149 Ariz. 269 , 718 P.2d 171 (1986). 1991State v. Superior Court, 149 Ariz. 269 , 718 P.2d 171 (1986). | 1 | 1991–1991 |
State v. Crea
green
2 sentences1991In our recent case of State v. Crea, 119 Idaho 352 , 806 P.2d 445 (1991), we expressly declined to adopt the Frye criterion as the basis for admission of scientifically derived evidence as it related to the facts of that case. 1991In our recent case of State v. Crea, 119 Idaho 352 , 806 P.2d 445 (1991), we expressly declined to adopt the Frye criterion as the basis for admission of scientifically derived evidence as it related to the facts of that case. | 1 | 1991–1991 |
State v. Horsley
green
2 sentences1991Unlike the scientific procedure of DNA “fingerprinting” discussed in State v. Horsley, 117 Idaho 920 , 792 P.2d 945 (1990), in which the reliability of that test was directly related to the procedures and protocols involved because of the possibility of test sample contamination and confusion, the HGN test is a test for an on the scene, readily observable phenomenon. 1991Unlike the scientific procedure of DNA “fingerprinting” discussed in State v. Horsley, 117 Idaho 920 , 792 P.2d 945 (1990), in which the reliability of that test was directly related to the procedures and protocols involved because of the possibility of test sample contamination and confusion, the HGN test is a test for an on the scene, readily observable phenomenon. | 1 | 1991–1991 |
Frye v. United States
red
2 sentences1991Garrett refers to the Frye test for novel scientific evidence, Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and to an Arizona case which determined that the HGN test satisfies Frye. 1991Garrett refers to the Frye test for novel scientific evidence, Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and to an Arizona case which determined that the HGN test satisfies Frye. | 1 | 1991–1991 |
State v. Barker
green
2 sentences1991See State v. Reed, 83 Or.App. 451 , 732 P.2d 66 (1987); State v. Barker, 366 S.E.2d 642 (W.Va.1988). 1991See State v. Reed, 83 Or.App. 451 , 732 P.2d 66 (1987); State v. Barker, 366 S.E.2d 642 (W.Va.1988). | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.