(DOWNLOAD) "State Tennessee v. Cora Murphy" by The Texas Court of Criminal Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Cora Murphy
- Author : The Texas Court of Criminal Appeals
- Release Date : January 13, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The Court of Criminal Appeals reversed the judgment of the trial court that convicted Cora Murphy, the defendant, of driving while under the influence of an intoxicant and remanded the case for a new trial. We consider now the appeal of the State of Tennessee, and we must determine whether testimony concerning an Horizontal Gaze Nystagmus ("HGN") sobriety test constitutes "scientific, technical, or other specialized knowledge" under Tenn. R. Evid. 702. We hold that the HGN test is a scientific test. To be admissible at trial, such evidence must satisfy the requirements of Tenn. R. Evid. 702 and 703 as announced in McDaniel v. CSX Transportation, Inc., 1997 Tenn. LEXIS 471, S.W.2d (Tenn. 1997). Because we are unable to determine from the record now before us whether these admissibility requirements have been met, the judgment of the Court of Criminal Appeals is affirmed, and we remand this case to the trial court for a new trial.
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