Sides v. State
Cases that cite this one
10 later published cases cite this decision.
- Cumbie v. City of Montgomery (Ala. Crim. App. 1997)
- Babers v. City of Tallassee, Ala. (United States District Court for the Middle District of Alabama 2001)
- Blake v. State (Ala. Crim. App. 1991)
- Strickland v. City of Dothan, AL (United States District Court for the Middle District of Alabama 2005)
- Stone v. City of Huntsville (Ala. Crim. App. 1994)
- Ex Parte State (Ala. 1993)
- Curren v. State (Ala. Crim. App. 1992)
- Desselle v. State (Ala. Crim. App. 1991)
- Malone v. City of Silverhill (Ala. 1990)
- Malone v. City of Silverhill (Ala. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Ben Alton Sides was convicted of driving under the influence of alcohol and of speeding. The Court of Criminal Appeals held that the admission of evidence regarding the results of a Horizontal Gaze Nystagmus ("HGN") test, without a proper predicate showing the test's reliability, was reversible error. For a statement of the facts see Sides v. State,
After reviewing the record and considering the arguments offered by the State and by Sides, this Court concludes that the Court of Criminal Appeals correctly determined that the admission of the HGN test evidence was not harmless error.
For the reasons stated above, the judgment of the Court of Criminal Appeals is affirmed.
AFFIRMED.
HORNSBY, C.J., and MADDOX, JONES, SHORES, ADAMS and HOUSTON, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.