reliability test in Louisiana

2023App. 1st Cir. 1014111), 77 So. 3d 339, 355 , writ denied, 2011- 2468 ( La. 1/ 13/ 12), 77 So. 3d 972 ( finding a legal error when the trial court failed to conduct a Daubert analysis and evaluate the relevant reliability factors prior to excluding an expert' s evidence).

2012Robertson v. Doug Ashy Building Materials, Inc., 2010-1552, p. 28 (La.App. 1 Cir. 10/4/11), 77 So.3d 389, 355 , writ denied, 2011-2468 (La.1/13/12), 77 So.3d 972 .

2023App. 1st Cir. 1014111), 77 So. 3d 339, 355 , writ denied, 2011- 2468 ( La. 1/ 13/ 12), 77 So. 3d 972 ( finding a legal error when the trial court failed to conduct a Daubert analysis and evaluate the relevant reliability factors prior to excluding an expert' s evidence).

2009Corkern, 934 So.2d at 107 .

2006The Crawford case replaced the reliability analysis enunciated in Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980), with a categorical rule requiring both that the witness be unavailable and the defense have a prior opportunity to cross examine the witness. [2] The Supreme Court, however, confined the application of the categorical rule to "testimonial" statements.

2006The Crawford case replaced the reliability analysis enunciated in Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980), with a categorical rule requiring both that the witness be unavailable and the defense have a prior opportunity to cross examine the witness. [2] The Supreme Court, however, confined the application of the categorical rule to "testimonial" statements.

1993Martin, supra at 595-596 .

1991State v. Mims, 501 So.2d 962 (La.App. 2d Cir.1987).

1990We stated in McElroy, 553 So.2d at 458 n. 1: Should there be no predominant evidence of "careful adherence to strict procedures in administering intoxication tests," State v. Jones, [ 316 So.2d 100, 105 (La. 1975)], or in the event that a defendant takes issue with the qualifications of a technician, the quality of the testing machine, or the maintenance of the equipment, and so forth, the court, in the interest of due process and fairness, may well be entitled to bar the evidence.

1988While no single factor is necessarily determinative of reasonableness, the inclusion of safeguards against unbridled discretion in field officers weighs most heavily in tilting the balancing test in favor of reasonableness. [5] In State v. Rowell, 517 So.2d 799 (1988), this court did not hold that blood tests for alcohol content can never be conducted under proper procedures, but rather held that the regulations then in effect were insufficient to insure the reliability of the test results which could otherwise be used in court to conclusively establish drunkenness.

1986The identity of this informant should be kept confidential because if disclosed would impair C.I.’s future usefulness to law enforcement and endanger C.I.’s life. [Emphasis ours] We find no defect in the warrant under the two-prong reliability standard of Aguilar v. Texas, supra, and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969).

1986The identity of this informant should be kept confidential because if disclosed would impair C.I.’s future usefulness to law enforcement and endanger C.I.’s life. [Emphasis ours] We find no defect in the warrant under the two-prong reliability standard of Aguilar v. Texas, supra, and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969).

1979We took notice with approval in State v. Graham, supra , of the procedure in other states whereby all chemicals are received in numbered lots and stored with proper care under the supervision and control of a local chemist, who conducts spot tests of portions of each lot, so when a contested case is presented in court he will be available to testify that the particular lot from which the chemicals used in a particular case were taken were of proper composition, strength and volume at the time the test in question is conducted.