Court of Criminal Appeals of Texas

Arturo Chavez Hernandez, Appellant v. the State of Texas

June 4, 20032003 Tex. Crim. App. LEXIS 102

Summary

The Court affirmed the Court of Appeals, holding that the State failed to satisfy the Kelly test and the trial court abused its discretion by admitting ADx urinalysis results. It answered three certified questions in the negative and declined to consider scientific literature not presented at trial. The decision was joined by two concurring opinions and a dissent that would remand for further review.