Legal Opinion
Somers v. State
Court of Criminal Appeals of Texas
Decided June 6, 2012No. PD-0056-11PublishedCited by 44 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KellerKeller, P.J.
in which PRICE, KEASLER, HERVEY, COCHRAN and ALCALA, JJ., joined.
The present case involves the admissibility of scientific evidence under Texas Rule of Evidence 702 and Kelly v. State.1 We granted review to determine whether the Court of Appeals erred in holding that EMIT drug test results are not reliable without a confirmation test.2 We hold that the Court of Appeals did err. We hold that EMIT tests are rehable under the first two prongs of Kelly.3
I. BACKGROUND
A. Relevant Facts
At 11:45 p.m. on October 20, 2007, police responded to a noise complaint at a fraternity house party.…
3Cases cited34 opinions
- Kelly v. StateCourt of Criminal Appeals of Texas · 1992
- Weatherred v. StateCourt of Criminal Appeals of Texas · 2000
- Jackson v. StateCourt of Criminal Appeals of Texas · 2000
- Ballard v. CarlsonCourt of Appeals for the Fourth Circuit · 1989
- Emerson v. StateCourt of Criminal Appeals of Texas · 1994
29 more not listed; retrieve them via the Exa API.
4Cited by44 opinions
- Jenkins v. StateCourt of Criminal Appeals of Texas · 2016
- Rhomer v. StateCourt of Criminal Appeals of Texas · 2019
- Bekendam, Stephanie LynnCourt of Criminal Appeals of Texas · 2014
- Wolfe v. StateCourt of Criminal Appeals of Texas · 2017
- Melissa Dromgoole v. StateCourt of Appeals of Texas · 2015
39 more not listed; retrieve them via the Exa API.