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STATE v. BLACKWELL

No. 45, September Term, 2008.

971 A.2d 296 (2009)

408 Md. 677

STATE of Maryland v. Paul Benjamin BLACKWELL.

Court of Appeals of Maryland.

May 14, 2009.

Attorney(s) appearing for the Case

Michelle W. Cole, Assistant Attorney General (Douglas F. Gansler, Attorney General of Maryland, of Baltimore), on brief, for petitioner.

Martha Weisheit, Assistant Public Defender (Nancy S. Forster, Public Defender, of Baltimore), on brief, for respondent.

Argued before BELL, C.J., HARRELL, GREENE, MURPHY, ADKINS, BARBERA and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

GREENE, J.

Paul Benjamin Blackwell, respondent, was convicted of multiple offenses, including driving a vehicle while under the influence of alcohol and driving a vehicle while impaired by alcohol. At trial, before a jury in the Circuit Court for St. Mary's County, Maryland State Trooper Jeffrey Linger testified that he administered the horizontal gaze nystagmus (HGN) test to Blackwell and observed "lack of smooth pursuit...

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