Court of Criminal Appeals of Texas
Dawn Kuretsch Stewart, Appellant v. the State of Texas
March 3, 20042004 Tex. Crim. App. LEXIS 380
Summary
The Court of Criminal Appeals reversed Stewart's conviction, holding that breath‑test results are relevant evidence of intoxication and admissible without retrograde extrapolation, and that relevance ends the inquiry under Rule 401. The Court also reversed the appellate court's error in applying a "no evidence" standard and remanded for further review of any remaining issues.