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STATE v. O'KEY

CC TM90-5122; CA A70279; SC S40926.

899 P.2d 663 (1995)

321 Or. 285

STATE of Oregon, Respondent on Review, v. Albert R. O'KEY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided July 7, 1995.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause on behalf of petitioner on review. On the petition were Stephen A. Lovejoy, Lincoln City, and Jenny Cooke, Portland.

Jonathan Fussner, Asst. Atty. Gen., Salem, argued the cause on behalf of respondent on review. With him on the response to the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia Linder, Sol. Gen., Salem.

David K. Allen, Salem, and Chris J. Shine, Portland, filed a brief on behalf of amicus curiae Oregon Crim. Defense Lawyers, Inc.

UNIS, Justice.

This case concerns the admissibility of Horizontal Gaze Nystagmus (HGN) test evidence in a prosecution for driving under the influence of intoxicants (DUII), ORS 813.010.

FACTS AND PROCEDURAL BACKGROUND

On July 8, 1990, at about 12:30 a.m., Oregon State Trooper Gregory saw defendant leaving a social event held at the Philomath rodeo grounds. Trooper Gregory noticed that defendant was having trouble walking. After he watched defendant...

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