Campos, Christopher
PD-1586-15
| Tex. | Dec 10, 2015Background
- Campos was convicted of driving while intoxicated and sentenced to 90 days in jail, suspended for one year, with a $1000 fine and community service.
- The Ninth Court of Appeals affirmed Campos’s conviction on November 2, 2015.
- Campos moved to exclude testimony regarding HGN testing, which was denied; trial proceeded with video evidence of field sobriety tests.
- Bearden and Meza conducted HGN off-camera while performing walk-and-turn and one-leg-stand on-camera; Campos’s counsel could not scrutinize off-camera HGN administration.
- Campos challenged the admissibility and sufficiency of HGN evidence, arguing due process protections and Kelly/Youngblood standards were violated.
- The Court of Appeals upheld admission of HGN testimony and affirmed the conviction; Campos sought discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether off-camera HGN test administration violated due process | Campos alleges Youngblood/Kelly violations due to off-camera HGN testing. | State contends proper foundation and reliability under Rule 702; no purposeful concealment shown. | Issue resolved against Campos; HGN testimony properly admitted; conviction sustained. |
| Whether the HGN evidence is essential to the sufficiency of evidence | Without HGN, evidence is insufficient to prove intoxication beyond reasonable doubt. | Video and other FSTs provide sufficient proof of intoxication independent of HGN. | Evidence remains sufficient without HGN; conviction affirmed. |
Key Cases Cited
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (bad-faith preservation of potentially exculpatory evidence)
- Emerson v. State, 880 S.W.2d 759 (Tex. Crim. App. 1994) (HGN evidence is scientific and admissible under Rule 702)
- Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App. 1992) (reliability of scientific evidence requires valid theory, method, and application)
- Lisenba v. California, 314 U.S. 219 (U.S. 1941) (due process concerns in evaluating evidence collection)
- State v. Rudd, 255 S.W.3d 293 (Tex. App.—Waco 2008) (HGN suppression when officer tests off-camera while other tests are on-camera)
- Thomas v. State, 841 S.W.2d 399 (Tex. Crim. App. 1992) (context on admissibility of scientific/technical testimony)