Layton, Daniel

Court of Criminal Appeals of Texas

Layton, Daniel

DecidedFebruary 4, 2009

DocketPD-0408-07

StatusPublished

This text of Layton, Daniel (Layton, Daniel) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Layton, Daniel, (Tex. 2009).

Pincite

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD 0408-07 DANIEL LAYTON, Appellant

v.

THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF CASE 01-05-00950-CR

OF THE FIRST COURT OF APPEALS,

HARRIS COUNTY

Womack, J., filed a dissenting opinion.

I would hold that the appellant's statements that he had taken Valium and that it was probably not a good idea to have been drinking "on top" of it were admissible. They were not scientific evidence, and the Rule 702 gatekeeping requirements should not exclude them.

I would affirm the judgment of the Court of Appeals.

En Banc.

Delivered: February 4, 2009.

Publish.

Free access — add to your briefcase to read the full text and ask questions with AI