1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 649 N.W.2d
  5. 649 N.W.2d 253 (2002)
 

STATE v. HULLINGER

No. 22132.

649 N.W.2d 253 (2002)

2002 SD 83

STATE of South Dakota, Plaintiff and Appellant, v. Timothy HULLINGER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 10, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Gary R. Campbell, Assistant Attorney General, Thomas P. Maher, Stanley County States Attorney, Fort Pierre, South Dakota, Attorneys for plaintiff and appellant.

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Pursuant to SDCL 23A-32-5, the State petitioned for an interlocutory appeal from a magistrate court order suppressing evidence of a horizontal gaze nystagmus (HGN) test. We granted the petition. The State raises first impression issues regarding admission of the HGN test in prosecutions for driving under the influence in this state. We reverse and remand.

FACTS AND PROCEDURE

[¶ 2.] On March 18, 2001, Stanley...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases