Legal Opinion

Hernandez v. State

Court of Criminal Appeals of Texas

Decided June 4, 2003No. 2053-01PublishedCited by 154 opinions

1Opinion of the Court

OPINION

2Per curiam

The present case involves the admissibility of scientific evidence under Texas Rule of Evidence 702 and Kelly v. State.1 Specifically, we granted the State’s following three grounds for review:

1) Must a party seeking to introduce evidence of a scientific principle always present evidence sufficient to satisfy the test of Kelly v. State, 824 S.W.2d 568 (Tex.Cr.App.1992), regardless of the particular scientific principle?

2) Where either the Court of Criminal Appeals or a court of appeals has determined the validity of a particular scientific principle and a technique applying that…

3Cases cited10 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Bourjaily v. United StatesSupreme Court of the United States · 1987
  3. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  4. Kelly v. StateCourt of Criminal Appeals of Texas · 1992
  5. Weatherred v. StateCourt of Criminal Appeals of Texas · 2000

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4Cited by154 opinions

  1. Roberts v. StateCourt of Criminal Appeals of Texas · 2007
  2. Ross v. StateCourt of Criminal Appeals of Texas · 2004
  3. Russeau v. StateCourt of Criminal Appeals of Texas · 2005
  4. Ford v. StateCourt of Criminal Appeals of Texas · 2009
  5. Rhomer v. StateCourt of Criminal Appeals of Texas · 2019

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