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STATE v. QUAALE

No. 89666-6.

340 P.3d 213 (2014)

182 Wn.2d 191

STATE of Washington, Petitioner, v. Ryan Richard QUAALE, Respondent.

Supreme Court of Washington.

December 18, 2014.

Attorney(s) appearing for the Case

Andrew J. Metts III , Spokane County Pros Offc, Mark Erik Lindsey , Spokane County Prosecuting Attorneys, Spokane, WA, for Petitioner.

Eric J. Nielsen , Dana M. Nelson , Nielsen Broman & Koch PLLC, Jennifer L. Dobson , Nielsen Broman Koch PLLC, Attorney at Law, Ryan Boyd Robertson , Robertson Law PLLC, Briteney Ann Mercer , Schroeter Goldmark & Bender, Jennifer Paige Joseph , King County Prosecutor's Office, Seattle, WA, Theodore Wayne Vosk , Ted Vosk, Attorney at Law, Kirkland, WA, for Respondent.

Ryan Boyd Robertson , Robertson Law PLLC, Briteney Ann Mercer , Schroeter Goldmark & Bender, Seattle, WA, Theodore Wayne Vosk , Ted Vosk, Attorney at Law, Kirkland, WA, Amicus Curiae on behalf of Washington Foundation for Criminal Justice.

Jennifer Paige Joseph , King County Prosecutor's Office, Seattle, WA, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

¶ 1 The arresting trooper in this DUI (driving under the influence) trial testified that he had "no doubt" that the defendant was impaired based solely on a horizontal gaze nystagmus (HGN) test. We hold that the testimony was an improper opinion on guilt and affirm the Court of Appeals.

FACTS

¶ 2 Washington...

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