Legal Opinion
Hall v. State
Court of Criminal Appeals of Texas
Decided September 16, 2009No. PD-1304-08PublishedCited by 19 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ„ joined.
At a suppression hearing, Phillip Jason Hall challenged the reliability of a LIDAR device that Officer Floyd Lee Phariss used to measure Hall’s speed. Hall claimed that, because the State failed to prove the reliability of the LIDAR device, Officer Phariss’s decision to stop him for speeding was not supported by probable cause. The Waco Court of Appeals held that the trial judge erred by failing to hold a Rule 702 Kelly gatekeeping hearing to evaluate the device’s reliability.1 We disagree. Rule 702 does…
3Cases cited9 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Adams v. WilliamsSupreme Court of the United States · 1972
- Alabama v. WhiteSupreme Court of the United States · 1990
4 more not listed; retrieve them via the Exa API.
4Cited by19 opinions
- Ex Parte GutierrezCourt of Criminal Appeals of Texas · 2011
- State of Texas v. Esparza, CarlosCourt of Criminal Appeals of Texas · 2013
- David Mark Davis, II v. State, Texas Court of Appeals, 12th District (Tyler)2015
- Dustin Michael Vardeman v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2021
- Gutierrez, RubenCourt of Criminal Appeals of Texas · 2011
14 more not listed; retrieve them via the Exa API.