Legal Opinion

State v. Downey

New Mexico Supreme Court

Decided October 16, 2008No. 30,263PublishedCited by 60 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} The question presented in this appeal is whether the trial court properly executed its gatekeeping function in determining that (1) the State’s witness, Ron Smock, was qualified to testify as an expert concerning the science of retrograde extrapolation; and (2) Smock’s expert testimony was reliable and admissible pursuant to the criteria established in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and State v. Alberico, 116 N.M. 156, 861 P.2d 192 (1993). We assume without deciding that the trial court properly…

2Cases cited22 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Yates v. United StatesSupreme Court of the United States · 1957
  4. United States v. John W. DowningCourt of Appeals for the Third Circuit · 1985
  5. Hathaway v. BazanyCourt of Appeals for the Fifth Circuit · 2007

17 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. State v. ShaddenSupreme Court of Kansas · 2010
  2. State v. GuerraNew Mexico Supreme Court · 2012
  3. State v. ConsaulNew Mexico Supreme Court · 2014
  4. State v. BullcomingNew Mexico Supreme Court · 2010
  5. State v. TorrezNew Mexico Supreme Court · 2009

55 more not listed; retrieve them via the Exa API.

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