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Walsh v. State

Citation: 811 S.E.2d 353Docket: S17G0884

Court: Supreme Court of Georgia; March 5, 2018; Georgia; State Supreme Court

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The Supreme Court of Georgia granted certiorari in State v. Walsh to evaluate whether the Court of Appeals incorrectly reversed a trial court's decision to suppress results from a horizontal gaze nystagmus (HGN) test conducted on James Roy Walsh during his DUI arrest. The incident occurred on June 5, 2015, when a police officer found Walsh asleep in his vehicle, which was running and in drive. The officer noted signs of alcohol impairment, including Walsh's confusion and the smell of alcohol. After multiple attempts to wake him, the officer removed Walsh from the vehicle and administered field sobriety tests, including the HGN test, without requiring Walsh to remove his eyeglasses, contrary to his training. The officer acknowledged this deviation from standard procedure but claimed it did not affect the test results. The trial court suppressed the HGN test evidence, determining the State did not meet its burden to demonstrate the test was properly conducted. The Court of Appeals reversed this decision, asserting the HGN test is a scientifically accepted method for assessing impairment, as established in Harper v. State. The Supreme Court found that the Court of Appeals erred in this reversal, emphasizing that a trial court must evaluate whether scientific procedures have reached a stage of verifiable certainty, which may be supported by expert testimony.

The trial court can determine the admissibility of evidence based on exhibits, treatises, or rationale from other jurisdictions, relying on the available evidence rather than merely the scientific consensus. After a procedure, such as the Horizontal Gaze Nystagmus (HGN) test, has been recognized by multiple courts, a trial judge may judicially notice its established reliability without requiring additional evidence. In Hawkins v. State, the Court of Appeals determined that the HGN test is scientifically valid and can be admitted without expert testimony, provided that it is administered according to law enforcement guidelines. 

However, Hawkins raised questions about the burden of proof concerning the proper administration of these tests. The Court clarified in State v. Tousley that the party offering the evidence must demonstrate two aspects for its reliability: first, that the scientific principles are valid; second, that the test was performed correctly by the officer. The State bears the initial burden to prove proper administration, and only after this burden is met does it shift to the defendant to show any errors in the test's administration. The Court limited any prior interpretations of Hawkins that suggested a lesser foundational requirement regarding the proper performance of the HGN test, ensuring clarity on this matter in future cases.

For the admission of horizontal gaze nystagmus (HGN) test results, the State must demonstrate two key elements: (1) the scientific validity and reliability of the HGN test, which can be established through judicial notice, and (2) that the test was administered properly by a qualified individual. The Court of Appeals noted that proper administration includes the arresting officer's training, experience, adherence to standardized techniques, and correct scoring or interpretation of the test. The trial court initially suppressed the HGN test evidence, but this ruling was reversed by the Court of Appeals, which found that the State met its burden by having the officer testify about his administration of the test, including his expert opinion that wearing glasses did not affect his interpretation of the results. However, the officer also admitted that administering the test while the subject wore glasses deviated significantly from his training, which should have been a critical factor in assessing the validity of the test results. The Court of Appeals applied a de novo standard of review in reversing the trial court's decision, emphasizing that appellate review of suppression motions follows three principles: the trial judge serves as the trier of fact, the trial court's factual determinations are upheld unless clearly erroneous, and evidence is interpreted in a manner favorable to the trial court's findings. These principles apply regardless of whether the ruling favored the State or the defendant.

A trier of fact is not required to believe a witness, even if their testimony is uncontradicted, and may choose to accept or reject any part of it based on factors such as demeanor, inconsistencies, or perceived ulterior motives. The Court of Appeals referenced the case Vansant v. State, which established that a trial court’s application of law to undisputed facts is subject to de novo review unless there are disputed facts or credibility issues. However, the trial court's ruling on Walsh's motion to suppress was based on contested evidence regarding the officer's credibility, particularly concerning the validity of the HGN test conducted while Walsh wore glasses.

The trial court rejected the officer's testimony about the legitimacy of the test, noting inconsistencies in the officer's statements regarding proper procedure and standard practice. The court found a significant conflict in the officer's assertions about the test's compliance with guidelines, indicating that the State failed to meet its foundational burden of proving that the test was conducted appropriately. The Court of Appeals erred by stating that the issue of Walsh wearing glasses during the test pertained only to the weight of the evidence rather than its admissibility. The proper administration of the HGN test is critical to the State's burden, and the trial court acted correctly in granting the motion to suppress. Therefore, the Court of Appeals' reversal of the trial court's ruling was erroneous, and the judgment was reversed with all Justices concurring.

The officer described the Horizontal Gaze Nystagmus (HGN) test, which involves tracking a stimulus, typically a pen, while observing for signs of nystagmus in both eyes based on six validated indicators. The officer lacked qualifications to determine how glasses might affect the test's reliability, and the trial court did not formally recognize him as an expert in this area. Although the court acknowledged the officer's credibility, it did not evaluate his conclusion regarding the impact of glasses on the HGN test results. The court viewed a video of the encounter between the officer and the subject, affirming that it aligned with the officer's testimony but did not address the glasses' effect on test validity. The officer provided conflicting statements about the influence of glasses on his observations, stating they "might" impair his ability but later claiming there was "no chance" of impairment. The court referenced prior case law indicating that while some scientific evidence may be routinely accepted, each case still requires proof of proper testing procedures to ensure validity.