Legal Opinion
Scherl v. State
Texas Court of Appeals, 6th District (Texarkana)
Decided October 21, 1999No. 06-98-00132-CRPublishedCited by 60 opinions
1Opinion of the Court
OPINION
Opinion by
Justice ROSS.
Mark Scherl was charged with driving while intoxicated. A jury convicted him, and the trial court assessed punishment at 180 days’ confinement in the county jail, twenty-four months of community supervision, and a fine of $750.00. Scherl appeals, contending that the trial court violated Texas Rule of Evidence 702 by: (1) admitting into evidence his intoxñyzer test results without any proof that the scientific theory underlying the Intoxñyzer 5000 is reliable, and (2) faüing to conduct a hearing, outside the presence of the jury, to determine the admissibüity of…
2Cases cited12 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Johnson v. StateCourt of Criminal Appeals of Texas · 1998
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
- Kelly v. StateCourt of Criminal Appeals of Texas · 1992
- Emerson v. StateCourt of Criminal Appeals of Texas · 1994
7 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Teixeira v. State, Texas Court of Appeals, 6th District (Texarkana)2002
- Hernandez v. State, Texas Court of Appeals, 1st District (Houston)2001
- DeLarue v. State, Texas Court of Appeals, 14th District (Houston)2003
- Garcia v. State, Texas Court of Appeals, 14th District (Houston)2003
- in the Interest of K.C.P. and J.D.P., Children, Texas Court of Appeals, 6th District (Texarkana)2004
55 more not listed; retrieve them via the Exa API.