TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Rule 104 and Urine
Go
New
Find
Notify
Tools
Reply
  
Rule 104 and Urine Login/Join 
Member
posted
I have a nice written description by the manufacturer of a urinalysis test kit regarding the underlying scientific principles on which the test is based and its proven accuracy/reliability. While probably not testimonial hearsay, this statement is surely subject to Rule 802. But, I would like to use it to establish the admissibility of a drug test result administered by a community supervision officer. That testimony will be subject to an objection under Hernandez, 116 S.W.3d 26. Is the statement admissible, despite Rule 802, under Rule 104 (stating that in determining the admissibility of evidence the court is not bound by the rules of evidence)? If so, will anything else be needed to satisfy the Hernandez objection? I would observe that the statement should also qualify under Rule 803(24) as one tending to subject the manufacturer to civil liability if it had not believed it to be true.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Rule 104 and Urine

© TDCAA, 2001. All Rights Reserved.