Garrison v. State

Summary

The court held that the State was not required to allege and prove that COVID-19 judicial emergency orders extended the statute of limitations because those orders operated automatically as a matter of law and presented no factual issue for the defendant to contest. The court also held that HGN evidence offered at a trial occurring after the effective date of the statutory amendment had to satisfy the amended Daubert-based standard, which the lower courts had not applied. Because the record did not establish admissibility under the proper standard and the admission of the HGN evidence was not harmless, the court vacated and remanded.