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BALLARD v. STATE4/3/1998
did not accentuate the HGN test. The prosecutor noted that the HGN test results indicated that Ballard was "impaired", but the prosecutor gave equal prominence to Ballard's poor performance on the other field sobriety tests, and he urged the jury to "look at everything" when determining whether Ballard was under the influence. Given this record, we conclude that the jury's verdict could not have been affected by Oly's arguably impermissible assessment of the HGN test results.
Conclusion
The judgement of the district court is AFFIRMED.
COATS, J., not participating.
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