Has anyone heard of an appellate court "overruliing" either the CCA's opinions Mata v. State or Mechler v. State regarding the admissibility of retrograde extrapolation evidence in the last week or so? One of our technical supervisors was told by a prominent DWI defense attorney that Mata had been "overruled." I checked the opinions out of San Antonio and the CCA, but didn't find anything.

Janette A

I haven't heard of anything. A quick Westlaw search shows Fort Worth reaffirming Mata just on the 13th, and San Antonio referring to it in January, but that's it. I sure hope not, since I've got a case pending on this!