PEOPLE v. LEAHY

Docket No. S035250.

8 Cal.4th 587 (1994)

882 P.2d 321

34 Cal. Rptr.2d 663

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM MICHAEL LEAHY, Defendant and Appellant.

Supreme Court of California.

October 27, 1994.


Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Carl C. Holmes, Chief Deputy Public Defender, Thomas Havlena and Alan J. Crivaro, Deputy Public Defenders, for Defendant and Appellant.

Linda F. Robertson and John T. Philipsborn as Amici Curiae on behalf of Defendant and Appellant.

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, Wallace J. Wade, Assistant District Attorney, Kathleen M. Harper and Donald Clarence, Deputy District Attorneys, for Plaintiff and Respondent. Gil Garcetti, District Attorney (Los Angeles), George M. Palmer, Acting Chief Deputy District Attorney, Brentford J. Ferreira, Deputy District Attorney, John J. Meehan, District Attorney (Alameda), Rockne P. Harmon, Deputy District Attorney, Kent S. Scheidegger and Mark Daniel Ankcorn as Amici Curiae on behalf of Plaintiff and Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Frederick R. Millar, Jr., Deputy Attorney General, Harvey M. Grossman, McCutchen, Doyle, Brown & Enersen, David M. Heilbron and Richard B. Ulmer, Jr., as Amici Curiae.


OPINION

LUCAS, C.J.

INTRODUCTION

The issues addressed by the Court of Appeal in this case were (1) whether the results of a horizontal gaze nystagmus (HGN) field sobriety test are admissible in the absence of a Kelly/Frye foundational showing, that is, foundational evidence disclosing general acceptance of the test within the relevant scientific community (see People v. Kelly (1976) ...

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