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

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that the Daubert/Kelly reliability test applies to all scientific expert testimony, including extrapolation of intoxilyzer results, and remanded for reconsideration under that standard. Justice Keller, concurring in part and dissenting in part, agreed with the test but argued the legislature’s statute limits the inquiry to the proper application of the technique.