Legal Opinion

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided December 9, 2005No. 2004-CA-000826-MRPublishedCited by 4 opinions

1Opinion of the Court

OPINION

SCHRODER, Judge.

This is an appeal from a judgment in which a driver who was on methadone maintenance was convicted of second-degree manslaughter and second-degree assault stemming from a motor vehicle accident. Appellant argues that the trial court should have suppressed the results of her blood test and that the court erred in allowing expert testimony regarding the side effects of the two drugs found in appellant’s blood. From our review of the record, the trial court properly denied the motion to suppress the results of appellant’s blood test and properly allowed the experts to…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  5. Goodyear Tire and Rubber Co. v. ThompsonKentucky Supreme Court · 2000

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3Cited by4 opinions

  1. Coe v. Carroll & Carroll, Inc.Court of Appeals of Georgia · 2011
  2. American National Property & Casualty Company A/S/O Dana Collett and George Collett v. R & N Enterprises, Inc. D/B/A B & W Tv and Appliance Co.Court of Appeals of Kentucky · 2022
  3. Billy Vick v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2021
  4. Coe v. Carroll & Carroll, Inc.Court of Appeals of Georgia · 2011

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