Another court of appeals found some scientific testimony non testimonial (focused on technical supervisor explaining BT sample).

Details.

Anyone seeing other examples?

Up front, I have to thank John Messinger and Lisa McMinn at the State Prosecuting Attorney's Office. Due to the important, state-wide nature of this issue, Lisa agreed to let us borrow John's big brain for the appeal. The CoA looked primed to avoid the merits and rule based strictly on waiver but John filed a supplemental brief that kept them om the merits.

I originally conducted the suppression hearing, which was a huge issue given the deferential standard of review on appeal. Jeff Janes tried it with me in the misdemeanor court. It was a .09 breath test with a good video, a hard fought defense attorney, and an EXCELLENT technical supervisor in Scott Brown. We tried the whole thing with an eye to the appeal, knowing it was coming.

I'm pleased that not only did it get upheld, but it did so on the same reasoning as the cases out of San Antonio, and with a published opinion. I'm anticipating a PDR, so we'll see where it goes.