HURLEY

v.

UNITED STATES

Citator

Cited By

• Williams v. State, 710 So. 2d 24 (Fla. 3d DCA 1998)
  …ter, 518 N.W. 2d at 577; People v. Quinn, 153 Misc.2d 139, 580 N.Y.S.2d 818, 826 (N.Y.Dist.Ct.1991), rev’d on other grounds, 158 Misc.2d 1015, 607 N.Y.S.2d 534 (Sup.App. Term Ct.1993); Emerson v. State, 880 S.W. 2d 759 (Tex.Crim.App.), cert. denied, 513 U.S. 931, 115 S.Ct. 323, 130 L.Ed.2d 284 (1994). Here, numerous medical experts testified that the individual subsets of the protocol are not new or novel, and that the procedures used in the categorization process were derived from neurological and physiol…
• Faires v. State, 711 So. 2d 597 (Fla. 3d DCA 1998)
  …be caused by conditions other than alcohol intoxication_ Williams, 710 So. 2d at 36 n. 22 (emphasis added) (citations omitted). See also State v. Taylor, 694 A. 2d 907, 912 (Me.1997); Emerson v. State, 880 S.W. 2d 759 (Tex.Crim.App.), cert. denied, 513 U.S. 931, 115 S.Ct. 323, 130 L.Ed.2d 284 (1994). Based on the holding of Williams, Trooper Dunn should not have been allowed to testify as to Faires’ BAC on the sole basis of the results of the HGN test. We therefore conclude that the Circuit Court’s affirm…