Legal Opinion
State v. Downey
New Mexico Court of Appeals
Decided February 9, 2007No. 25,068PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} In this case we consider the admissibility of retrograde extrapolation as a means for calculating Defendant’s blood alcohol content (BAC) at the time of driving based on Defendant’s BAC measured six hours after Defendant ceased driving. Defendant, who was convicted of vehicular homicide, appeals the trial court’s admission of the State’s expert’s testimony giving an opinion as to Defendant’s possible BAC at the time of the accident. Defendant challenged the validity of the expert’s conclusions, not the reliability of retrograde extrapolation as a scientific technique.…
2Cases cited27 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Mata v. StateCourt of Criminal Appeals of Texas · 2001
- State v. AlbericoNew Mexico Supreme Court · 1993
- State v. AlbericoNew Mexico Supreme Court · 1993
- State v. TorresNew Mexico Supreme Court · 1999
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. DowneyNew Mexico Supreme Court · 2008
- State v. O'NEALNew Mexico Court of Appeals · 2008
- State v. ValenciaNew Mexico Court of Appeals · 2009
- State v. BullcomingNew Mexico Court of Appeals · 2008
- State v. AmayaNew Mexico Court of Appeals · 2010
2 more not listed; retrieve them via the Exa API.