IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
v.
THE STATE OF TEXAS
ON DISCRETIONARY REVIEW OF CASE 01-05-00950-CR
OF THE FIRST COURT OF APPEALS,
HARRIS COUNTY
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.