Legal Opinion

Mata v. State

Court of Criminal Appeals of Texas

Decided June 6, 2001No. 133-00PublishedCited by 246 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which MEYERS, PRICE, HOLLAND, JOHNSON, and HOLCOMB, JJ., joined.

At Raul Mata’s trial for driving while intoxicated, an expert witness testified that Mata’s blood alcohol content two hours after his arrest showed that he was intoxicated at the time of his arrest. We must decide whether this expert’s testimony met the requirements of Daubert v. Merrell Doto Pharmaceuticals, Inc.,1 and Kelly v. State.2 We conclude that it did not.

Factual Background

Officer Kenneth Thompson pulled Mata over at 3:05 a.m. on May 25, 1992, for a traffic violation. He smelled alcohol on Mata’s breath, so he…

3Cases cited32 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kelly v. StateCourt of Criminal Appeals of Texas · 1992
  3. Jackson v. StateCourt of Criminal Appeals of Texas · 2000
  4. Emerson v. StateCourt of Criminal Appeals of Texas · 1994
  5. Mireles v. Texas Department of Public SafetyTexas Supreme Court · 1999

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

4Cited by246 opinions

  1. State v. MechlerCourt of Criminal Appeals of Texas · 2005
  2. Bigon v. StateCourt of Criminal Appeals of Texas · 2008
  3. Ford v. StateCourt of Criminal Appeals of Texas · 2009
  4. Bagheri v. StateCourt of Criminal Appeals of Texas · 2003
  5. Kirsch v. StateCourt of Criminal Appeals of Texas · 2010

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API