Legal Opinion · Dissent

Brodrick Dechone Delane AKA Broderick Shun Delane AKA Shaun Scott v. State

Texas Court of Appeals, 1st District (Houston)

Decided February 2, 2012No. 01-10-00698-CRPublished

1DissentHarvey Brown, Justice

Appellant contends that “the trial court erred in admitting unreliable and irrelevant scientific evidence” that he was intoxicated due to his use of two pharmaceutical medications. I agree with the Court that certain portions of Officer Morrison’s testimony regarding the details of the two prescription drugs in question would have *426been inadmissible based on lack of qualifications and reliability if appellant had timely and properly objected to that testimony. Because appellant did not preserve either of these objections, however, I respectfully dissent. At best, appellant preserved error on…

2Cases cited25 opinions

  1. Kelly v. StateCourt of Criminal Appeals of Texas · 1992
  2. Lankston v. StateCourt of Criminal Appeals of Texas · 1992
  3. Brooks v. StateCourt of Criminal Appeals of Texas · 1999
  4. Lane v. StateCourt of Criminal Appeals of Texas · 2004
  5. Webb v. StateCourt of Criminal Appeals of Texas · 1988

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