Sexton v. State

in which KELLER, P.J., MEYERS, JOHNSON, HOLCOMB, and COCHRAN, J.J., joined.

At the appellant’s trial for aggravated assault, an expert witness testified that cartridge cases from unfired bullets found in the appellant’s apartment had distinct marks that matched fired cartridge cases found at the scene of the offense. We granted review to determine whether the expert’s testimony met the reliability requirement in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992). We conclude that it did not and reverse the Court of Appeals’s judgment.

On direct appeal, the appellant complained that the trial…