The court of appeals held that appellant did not properly preserve his assertion of error concerning the admission of evidence of alleged drug use. The court of appeals erred by distinguishing between admitting scientific evidence and admitting expert testimony under Texas Rule of Evidence 702. Both relevance and reliability of the expert testimony are components of a trial court's Daubert/Kelly ruling on admissibility. The court of appeals judgment is reversed and remanded. Court of Criminal Appeals, No. PD-1693-11, 02-06-2013.
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Everitt v. State
Tex. Crim. App.
February 11, 2013
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