Hall v. State

297 S.W.3d 294 (2009)

Phillip Jason HALL, Appellant,

v.

The STATE of Texas.

No. PD-1304-08.

Court of Criminal Appeals of Texas.

September 16, 2009.

Richard C. McConathy, Irving, for appellant.

Jeffrey L. Van Horn, State Prosecuting Atty., Austin, for state.

OPINION

KEASLER, J., delivered the opinion of the Court 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…