State of New Mexico, Plaintiff-Respondent v. Harry L. Downey, Defendant-Petitioner

Summary

The New Mexico Supreme Court vacated Defendant's conviction for homicide by vehicle, holding that the trial court abused its discretion in admitting the State's expert testimony on retrograde extrapolation of blood alcohol content. The expert's calculations rested on the unsupported assumption that Defendant was post-absorptive at the time of the collision, rendering the testimony unreliable under Daubert and State v. Alberico. The Court further held that the error was prejudicial and that the general verdict could not be sustained on the alternative reckless-driving theory. The case was remanded for a new trial.