Court of Criminal Appeals of Texas

Allen Spock Hartman, Appellant v. the State of Texas, Appellee

April 23, 19971997 Tex. Crim. App. LEXIS 21

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment, holding that the three‑pronged reliability test from Kelly v. State applies to all scientific evidence under Rule 702, including breath‑alcohol expert testimony, and remanded for reconsideration of the evidence's admissibility. Judge Keller concurred in part and dissented in part, agreeing on the test but arguing that the first two prongs can be decided as matters of law and that the statutory scheme limits the inquiry to the third prong.