Legal Opinion
Vela v. State
Court of Criminal Appeals of Texas
Decided December 13, 2006No. PD-1388-04PublishedCited by 238 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
The trial judge excluded the testimony of Richard Vela, Jr.’s witness, Cheryl Hartzendorf, who would have testified that if there is no physical evidence, then no rape occurred. The court of appeals ruled that Hartzendorf should have been allowed to testify because her experience qualified her as an expert. 1 Because we hold that the court of appeals failed to conduct a proper analysis, we remand this case to the court of appeals.
Facts and Procedural History
At Richard Vela’s trial for three counts of sexual assault and one count of aggravated assault, the State called Sonia Ed-dleman,…
3Cases cited16 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Kelly v. StateCourt of Criminal Appeals of Texas · 1992
- Gammill v. Jack Williams Chevrolet, Inc.Texas Supreme Court · 1998
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4Cited by238 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 2010
- Rhomer v. StateCourt of Criminal Appeals of Texas · 2019
- Wolfe v. StateCourt of Criminal Appeals of Texas · 2017
- Shaw v. State, Texas Court of Appeals, 14th District (Houston)2010
- Turner v. State, Texas Court of Appeals, 14th District (Houston)2008
233 more not listed; retrieve them via the Exa API.