Hernandez v. State

KEASLER, J.,

dissenting in which HERVEY, J., joined.

I agree with the Court’s answers to the State’s first and second grounds for review. But I would answer the third ground “perhaps,” and remand to the Court of Appeals for further review.

In its third ground, the State argues that the Court of Appeals erred because in this case, the scientific theory and technique behind the ADx analyzer are well-established. In support of its argument, the State relies on scientific literature which it did not present to the trial court or to the Court of Appeals.

The Court of Appeals conducted an abuse of…