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CITY OF FARGO v. McLAUGHLIN

Cr. No. 930130.

512 N.W.2d 700 (1994)

CITY OF FARGO, Plaintiff and Appellee, v. Jon Bret McLAUGHLIN, Defendant and Appellant.

Supreme Court of North Dakota.

February 23, 1994.

Attorney(s) appearing for the Case

Erik R. Johnson (argued), Asst. City Atty., Fargo, for plaintiff and appellee.

C. Charles Chinquist (argued), Fargo, for defendant and appellant. Appearance by appellant Jon B. McLaughlin.

MESCHKE, Justice.

We consider whether a police officer may testify about the results of a horizontal gaze nystagmus ["HGN"] test without the State first establishing the scientific reliability of the test by expert testimony. We mainly hold that the trial court did not abuse its discretion in admitting evidence of the HGN test results in this case. We also hold that Jon Bret McLaughlin timely appealed after a motion for new trial, and that the prosecution's evidentiary...

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