Supreme Court of Georgia

Walsh v. State

March 5, 2018303 Ga. 276

Summary

The Supreme Court of Georgia reversed the Court of Appeals, holding that the trial court properly granted the motion to suppress the horizontal gaze nystagmus (HGN) test evidence because the State failed to meet its foundational burden to show the test was substantially performed in an acceptable manner. The Court affirmed that appellate review of a trial court’s suppression ruling is de novo when the evidence is not uncontroverted.