nystagmus test (California) · Go Syfert
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nystagmus test in California

5 California opinions name it 3 courts 1992–2018 0 in the last five years

The cases below were cited by California 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.

Followed or applied (2)

CaseFollowedCited
Emerson v. Stategreen
texcrimapp · 1994 · cited in 1 California opinions naming this issue, 1994–1994
1 sentence

1994App. 1994) 880 S.W.2d 759, 768-769 [same]; State v. O'Key (1993) 123 Ore.App. 54 [ 858 P.2d 904, 907-908 ] [same].) The foregoing decisions, however, do not explain how police officers are competent to establish general acceptance of HGN testing in the scientific community, or how they are qualified to relate the scientific bases underlying the nystagmus test.

11
Salasguevara v. Wyeth Laboratories, Inc.green
calctapp · 1990 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(Salasguevara v. Wyeth Laboratories, Inc. (1990) 222 Cal.App.3d 379, 386 [ 271 Cal.Rptr. 780 ].) Vega’s opinion that appellant was under the influence of alcohol, to the extent it was based on the nystagmus test, rests on scientific premises well beyond his knowledge, training, or education.

1992(Salasguevara v. Wyeth Laboratories, Inc. (1990) 222 Cal.App.3d 379, 386 [ 271 Cal.Rptr. 780 ].) Vega’s opinion that appellant was under the influence of alcohol, to the extent it was based on the nystagmus test, rests on scientific premises well beyond his knowledge, training, or education.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Leahy green
cal · 1994
2 sentences

2018Quoting from Leahy , supra , 8 Cal.4th at p. 611 , 34 Cal.Rptr.2d 663 , 882 P.2d 321 , Joehnk reiterated that, once HGN testing is accepted in the scientific community, the prosecution is not required to submit expert testimony to confirm a police officer's evaluation of that test. " 'Of course, nothing would prevent the defendant from challenging that evaluation with expert testimony of his own.' " ( Joehnk, supra, 35 Cal.App.4th at p. 1508 , 42 Cal.Rptr.2d 6 .) In this matter, when read together, Leahy and Joehnk establish that an officer, with adequate training and experience in performing

2018Quoting from Leahy , supra , 8 Cal.4th at p. 611 , 34 Cal.Rptr.2d 663 , 882 P.2d 321 , Joehnk reiterated that, once HGN testing is accepted in the scientific community, the prosecution is not required to submit expert testimony to confirm a police officer's evaluation of that test. " 'Of course, nothing would prevent the defendant from challenging that evaluation with expert testimony of his own.' " ( Joehnk, supra, 35 Cal.App.4th at p. 1508 , 42 Cal.Rptr.2d 6 .) In this matter, when read together, Leahy and Joehnk establish that an officer, with adequate training and experience in performing

32018–2018
People v. Joehnk green
calctapp · 1995
2 sentences

2018Quoting from Leahy , supra , 8 Cal.4th at p. 611 , 34 Cal.Rptr.2d 663 , 882 P.2d 321 , Joehnk reiterated that, once HGN testing is accepted in the scientific community, the prosecution is not required to submit expert testimony to confirm a police officer's evaluation of that test. " 'Of course, nothing would prevent the defendant from challenging that evaluation with expert testimony of his own.' " ( Joehnk, supra, 35 Cal.App.4th at p. 1508 , 42 Cal.Rptr.2d 6 .) In this matter, when read together, Leahy and Joehnk establish that an officer, with adequate training and experience in performing

2018Quoting from Leahy , supra , 8 Cal.4th at p. 611 , 34 Cal.Rptr.2d 663 , 882 P.2d 321 , Joehnk reiterated that, once HGN testing is accepted in the scientific community, the prosecution is not required to submit expert testimony to confirm a police officer's evaluation of that test. " 'Of course, nothing would prevent the defendant from challenging that evaluation with expert testimony of his own.' " ( Joehnk, supra, 35 Cal.App.4th at p. 1508 , 42 Cal.Rptr.2d 6 .) In this matter, when read together, Leahy and Joehnk establish that an officer, with adequate training and experience in performing

32018–2018
State v. O'KEY green
orctapp · 1993
1 sentence

1994App. 1994) 880 S.W.2d 759, 768-769 [same]; State v. O'Key (1993) 123 Ore.App. 54 [ 858 P.2d 904, 907-908 ] [same].) The foregoing decisions, however, do not explain how police officers are competent to establish general acceptance of HGN testing in the scientific community, or how they are qualified to relate the scientific bases underlying the nystagmus test.

11994–1994

Statutes the citing opinions construe

CA § Cal. Evidence Code § 801 (5) CA § Cal. Vehicle Code § 23152 (5)

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.

Where else courts name it

CA 5 (1992–2018) TX 4 (2014–2018) CT 2 (1994–1994) LA 2 (1990–2005)

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.

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