State v. Blackwell

971 A.2d 296, 408 Md. 677, 2009 Md. LEXIS 62
CourtCourt of Appeals of Maryland
DecidedMay 14, 2009
Docket45, September Term, 2008
StatusPublished
Cited by21 cases

This text of 971 A.2d 296 (State v. Blackwell) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blackwell, 971 A.2d 296, 408 Md. 677, 2009 Md. LEXIS 62 (Md. 2009).

Opinions

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” and “distinct nystagmus at maximum deviation” in each eye. Blackwell appealed his convictions to the Court of Special Appeals. Relying on Ragland v. State, 385 Md. 706, 870 A.2d 609 (2005), the intermediate appellate court held that Linger’s testimony about the HGN test constituted expert testimony, the admission of which, without qualification by the [681]*681trial court, was erroneous and warranted remand for a new trial. We shall affirm the judgment of the Court of Special Appeals, emphasizing that the HGN test is a scientific test and that testimony recounting a defendant’s performance on the test is admissible in evidence pursuant to Md. Rule 5-702.

I.

Blackwell was charged with multiple offenses surrounding his driving of a vehicle on the morning of August 17, 2005. The charges included driving a vehicle while under the influence of alcohol, driving a vehicle while impaired by alcohol, driving on a revoked license, and driving without a license.1 At Blackwell’s trial, before a jury in the Circuit Court for St. Mary’s County, the State’s sole witness was Maryland State Trooper Jeffrey Linger, who stopped the vehicle Blackwell was operating on the morning in question.

Trooper Linger testified that he stopped Blackwell’s vehicle after noticing a nonfunctioning tail light. Linger also testified that when he approached the vehicle to obtain Blackwell’s identification, he detected an odor of alcohol on Blackwell’s breath. Linger further stated that “[Blackwell’s] eyes were glassy, speech was slurred.”

Upon checking Blackwell’s driving status, Trooper Linger learned that Blackwell’s license had been revoked. Linger then transported Blackwell to the State police barrack to administer three field sobriety tests: the HGN test, the “walk- and-turn” test, and the one-leg stand test. Pertaining to Trooper Linger’s administration of the HGN test to Blackwell, the following exchange occurred at trial:

[Trooper Linger:] ... I administered field sobriety tests to Mr. Blackwell.
[682]*682Field sobriety tests I administered were — there’s three tests that we administer, that we are trained in through the police academy. It’s the horizontal gaze nystagmus, the walk and turn, and the one-leg stand.
[The Prosecutor:] How did he perform on those tests?
[Trooper Linger:] On the horizontal—
[Defense Counsel]: Objection.
The Court: Okay. If you are going .to use the horizontal gaze nystagmus test, you must lay a foundation that the witness is qualified to administer it.
By [the Prosecutor]: •
Q. What did you do as a result of how he performed on the field sobriety tests? What did you do after he performed the field sobriety tests?
A. I read Mr. Blackwell his DR-15 advice of rights, which explains what happens if he decides to take the breath test, an intoximeter test for alcohol, what happens if he does not take the test, his right to an administrative hearing through the Motor Vehicle Administration.
Q. Did he elect to take that test?
A. No.[2]
Q. Okay. I’m gonna back you up. With respect to the field sobriety tests that you typically administer, what are the three tests that you typically administer?
A. The horizontal gaze nystagmus, the walk and turn, and the one-leg stand.
Q. With respect to the horizontal gaze nystagmus test, what is the test? What is the horizontal gaze nystagmus test?
A. The test where we look for clues. The first thing we check is equal pupil size. We check that the eyes track [683]*683back and forth. We — you hold a stationary object in front of them and you check that the pupil size is equal, and that both eyes are tracking the object equally, and then we look for three clues.
Q. Let me stop you for a second. Does it test for the oscillation of the pupils and the tracking of the pupils?
A. Yes.
Q. And were you trained in administering that test?
A. Yes, through the Maryland State Police Academy.
Q. Are you certified to administer that test?
A. Yes.
Q. And approximately how many times have you administered that test, if you know?
A. Over when?
Q. In your career as a Maryland State trooper, how many times have you administered that test, if you know?
A. I would have to say approximately 150.
Q. Okay. Did you perform that test on the Defendant, Mr. Blackwell?
A. Yes.
Q. Okay. What, if any, observations did you make as a result of the test?
[Defense Counsel]: Objection.
The Court: What’s the basis of the objection?
[Defense Counsel]: I don’t think he’s properly qualified
The Court: Okay
[Defense Counsel]: — to give the test.
The Court: All right [sic], thank you, [Defense Counsel].

Going to this gaze nystagmus test, have you testified about the results of that in any courts in the State of Maryland?

[Trooper Linger]: Yes.
The Court: What courts?
[Trooper Linger]: St. Mary’s District and Circuit Courts.
[684]*684The Court: Okay. And covering what period of time?
[Trooper Linger]: A couple of years. It goes back a couple of years.
The Court: .All right [sic], thank you, officer. [Defense Counsel], is there any further voir dire questions on the gaze nystagmus test?
[Defense Counsel]: Just basically as to whether his police trained commission certification is updated and proper.
The Court: Okay. How about that question, officer?
[Trooper Linger]: Yes, sir.
The Court: Are you currently certified to administer the gaze nystagmus test?
[Trooper Linger]: Yes, sir. I have the card in my pocket, actually.
The Court: Okay.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Freeman v. State
Court of Appeals of Maryland, 2024
Freeman v. State
Court of Special Appeals of Maryland, 2023
Portillo Funes v. State
230 A.3d 121 (Court of Appeals of Maryland, 2020)
Alisha Townsend v. DC
District of Columbia Court of Appeals, 2018
Townsend v. Dist. of Columbia
183 A.3d 727 (District of Columbia Court of Appeals, 2018)
Johnson v. State
179 A.3d 984 (Court of Appeals of Maryland, 2018)
Gross v. State
142 A.3d 692 (Court of Special Appeals of Maryland, 2016)
State v. Payne & Bond
104 A.3d 142 (Court of Appeals of Maryland, 2014)
Simpson v. State
76 A.3d 458 (Court of Special Appeals of Maryland, 2013)
Gutierrez v. State
32 A.3d 2 (Court of Appeals of Maryland, 2011)
Stephens v. State
18 A.3d 168 (Court of Special Appeals of Maryland, 2011)
Smith v. State
10 A.3d 798 (Court of Special Appeals of Maryland, 2010)
Adams v. State
4 A.3d 499 (Court of Appeals of Maryland, 2010)
DANSBURY v. State
1 A.3d 507 (Court of Special Appeals of Maryland, 2010)
Griffin v. State
995 A.2d 791 (Court of Special Appeals of Maryland, 2010)
Alston v. State
994 A.2d 896 (Court of Appeals of Maryland, 2010)
State v. Blackwell
971 A.2d 296 (Court of Appeals of Maryland, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
971 A.2d 296, 408 Md. 677, 2009 Md. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackwell-md-2009.