Court of Criminal Appeals of Texas, 2009

Layton, Daniel

Layton, Daniel
Court of Criminal Appeals of Texas · Decided February 4, 2009

Layton, Daniel

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.