Garrison v. State

Summary

The court held that the State was not required to allege and prove that emergency orders issued during the COVID-19 pandemic extended the statute of limitations because those orders operated as a matter of law and presented no factual defense for the defendant to contest. The court also held that HGN evidence offered at a trial occurring after the statutory amendment had to be evaluated under the Daubert-based standard, not the former standard, and that the failure to apply the correct standard was not harmless on this record. The judgment was vacated and the case was remanded for the trial court to determine the admissibility of the HGN testimony under the proper standard.