USA v. Johnson

Western District of Texas, txwd-5:2019-mj-00226

ORDER GRANTING {{14}} Motion for Hearing and {{15}} is CARRIED to Trial as to Kenneth B. Johnson Jr. (1). Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, § § Plaintiff, § SA-19-MJ-00226-ESC § vs. § § (1) KENNETH B. JOHNSON JR., § § Defendant. § ORDER Before the Court in the above-styled cause of action are Defendant's Motion for 702/705 Hearing Regarding HGN [#14] and Defendant's Motion to Suppress the Results of the HGN Test [#15]. Defendant is accused of driving while intoxicated at Fort Sam Houston [#1]. By his motions, Defendant challenges the reliability of the horizontal gaze nystagmus test ("HGN test") administered to Defendant. Defendant asks the Court to set a hearing to evaluate the test under the standards set forth in Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Court held a hearing on the motions on June 19, 2019, at which both parties were present. After hearing argument, the Court informed the parties that it would grant the motion for a Daubert hearing and require the Government to establish the reliability of the HGN test's application in this case. However, because this case will be tried to the bench, the Court will hold the Daubert hearing during the bench trial. IT IS THEREFORE ORDERED that Defendant's Motion for 702/705 Hearing Regarding HGN [#14] is GRANTED. The hearing will take place during the bench trial currently scheduled for July 12, 2019. 1 IT IS FURTHER ORDERED that Defendant's Motion to Suppress the Results of the HGN Test [#15] is CARRIED to trial. SIGNED this 20th day of June, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 2