Dec 11, 2020
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Granted Appeal Summary
Case
AARON LOUIS GOLDBERG v. COMMONWEALTH OF VIRGINIA
(Record Number 191701)
From
The Court of Appeals of Virginia.
Counsel
Roger Alan Whitus (Office of the Public Defender) for
appellant.
Kelsey M. Bulger (Office of the Attorney General) for appellee.
Assignment of Error
I. The Court of Appeals erred by finding that any error in denying
appellant’s motion in limine and admitting horizontal gaze
nystagmus ("HGN") evidence was harmless.
II. The Court of Appeals erred by failing to rule on whether the
evidence of HGN testing was scientific, supported by sufficient
foundational evidence of reliability, and was unfairly prejudicial
in violation of appellant’s constitutional rights and the Virginia
Rules of Evidence.