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11 Texas opinions name it 2 courts 2004–2015 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Reynolds v. Stategreen2 sentences2011CODE § 724.064 ("On the trial of a criminal proceeding arising out of [certain offenses, including DWI], evidence of the alcohol concentration... as shown by analysis of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible."). [4] 204 S.W.3d 386 (Tex.Crim.App.2006). [5] See id. at 390 & n. 26 ("In the context of breath test results, the Legislature has already determined that the underlying science is valid, and that the technique applying it is valid as long as it is administered by individuals certified by, and usin 2011CODE § 724.064 ("On the trial of a criminal proceeding arising out of [certain offenses, including DWI], evidence of the alcohol concentration... as shown by analysis of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible."). [4] 204 S.W.3d 386 (Tex.Crim.App.2006). [5] See id. at 390 & n. 26 ("In the context of breath test results, the Legislature has already determined that the underlying science is valid, and that the technique applying it is valid as long as it is administered by individuals certified by, and usin | 7 | 9 |
Stevenson v. Stategreen2 sentences2011See id. at 390 & n. 26 ("In the context of breath test results, the Legislature has already determined that the underlying science is valid, and that the technique applying it is valid as long as it is administered by individuals certified by, and using methods approved by the rules of, DPS." (emphasis supplied)); see also Stevenson v. State, 895 S.W.2d 694, 696 (Tex.Crim.App.1995) (scientific reliability of intoxi-lyzer test is established so long as the proponent of evidence of the test results shows that the provisions of predecessor to Tex. Transp. 2011CODE § 724.064 ("On the trial of a criminal proceeding arising out of [certain offenses, including DWI], evidence of the alcohol concentration... as shown by analysis of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible."). [4] 204 S.W.3d 386 (Tex.Crim.App.2006). [5] See id. at 390 & n. 26 ("In the context of breath test results, the Legislature has already determined that the underlying science is valid, and that the technique applying it is valid as long as it is administered by individuals certified by, and usin | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kelly v. State
green
2 sentences2014In the context of breath test evidence, however, the analysis is modified. “[T]he Legislature has already determined that the underlying science is valid, and that the technique applying it is valid as long as it is administered by individuals certified by, and using methods approved by the rules of, DPS.” Id. (citing Tex. Transp. 2014In the context of breath test evidence, however, the analysis is modified. “[T]he Legislature has already determined that the underlying science is valid, and 18 that the technique applying it is valid as long as it is administered by individuals certified by, and using methods approved by the rules of, DPS.” Id. (citing TEX. | 2 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.