Legal Opinion

Lewis v. State

Court of Appeals of Alaska

Decided August 14, 2015No. 2468 A-11189PublishedCited by 1 opinion

1Opinion of the Court

OPINION

MANNHEIMER, Judge.

In this case, the State introduced scientific evidence-specifically, (1) the result of a breath test conducted on a hand-held "preliminary" breath testing device, and (2) the result of a chemical field test for marijuana-without first establishing the scientific validity of either test as required by State v. Coon, 974 P.2d 386 (Alaska 1999).

(In Coon, the Alaska Supreme Court adopted the federal test for the admissibility of scientific evidence announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 LEd.2d 469 (1993).)

When the…

2Cases cited23 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  3. United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004
  4. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  5. Jackson v. StateCourt of Criminal Appeals of Texas · 2000

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3Cited by1 opinion

  1. Janice Elaine Bragaw v. State of AlaskaCourt of Appeals of Alaska · 2021

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