Legal Opinion

Owens v. State

Texas Court of Appeals, 14th District (Houston)

Decided April 22, 2004No. 14-03-00469-CRPublishedCited by 38 opinions

1Opinion of the Court

OPINION

JOHN S. ANDERSON, Justice.

Appellant challenges his conviction for driving while intoxicated on two grounds: (1) the evidence is legally and factually insufficient to support the verdict; and (2) the trial court improperly denied his motion to suppress expert testimony on retrograde extrapolation. We reverse and remand for a new trial.

Factual AND Procedural Background

On August 26, 2002, appellant, Gary Lee Owens, was arrested for driving while intoxicated. Allison Matsu, the complainant, and Robert Turner arrived at Agora, a coffee shop/wine bar, at approximately 6:30 to 6:45 on the…

2Cases cited14 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1998
  4. Motilla v. StateCourt of Criminal Appeals of Texas · 2002
  5. Kelly v. StateCourt of Criminal Appeals of Texas · 1992

9 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Subirias v. State, Texas Court of Appeals, 4th District (San Antonio)2008
  2. Timothy O'Reilly v. State, Texas Court of Appeals, 5th District (Dallas)2016
  3. Neale v. StateCourt of Appeals of Texas · 2017
  4. Darling v. State, Texas Court of Appeals, 6th District (Texarkana)2008
  5. Burns v. State, Texas Court of Appeals, 4th District (San Antonio)2009

33 more not listed; retrieve them via the Exa API.

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