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BALLARD v. STATE

No. A-5679.

955 P.2d 931 (1998)

David G. BALLARD, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 3, 1998.

Attorney(s) appearing for the Case

Paul E. Malin, Assistant Public Defender, and John B. Salemi, Public Defender, Anchorage, for Appellant.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before BRYNER, C.J., MANNHEIMER, J., and WOLVERTON, District Court Judge.

MANNHEIMER, Judge.

This appeal requires us to decide whether the horizontal gaze nystagmus test, or "HGN" test, satisfies the standard for admissibility of scientific evidence established in Frye v. United States, 293 F. 1013 (D.C. Cir.1923), and reaffirmed as the governing standard in Alaska in Contreras v. State, 718 P.2d 129, 134-36 (Alaska 1986).

In the HGN test, the subject is asked to cover one eye and...

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