VGN - Vertical Gaze Nystagmus Wrongfully Admitted at Trial in DC

Townsend v. District of Columbia

DC: Court of Appeals, 2018
 
Trial court erroneously admitted testimony regarding the result of a vertical gaze nystagmus ("VGN") test conducted by officer. Trial court erred in admitting the testimony regarding VGN and, because appeals court was unable to say with fair assurance that the trial court would have found guilt beyond a reasonable doubt in the absence of the VGN testimony, judgment vacated and remanded to reconsider verdict without reference to the VGN test results.
 
 

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