In a 27 page tour de force, Justice Burke for a unanimous Illinois Supreme Court found that a Frye hearing must be held prior to the admission of the results of a Horizontal Gaze Nystagmus test (HGN) in Illinois. The defendant’s conviction was reversed and remanded because the question of the reliability of the HGN as evidence of alcohol impairment is in conflict and no Frye hearing has been held in Illinois on the question. (APDs should object to any such testimony until this question is resolved via a Frye hearing and the appeals that will resolve the question) People v. McGown, No. 102372 9/20/07.
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