Durham v. State

In Durham v. State, 956 S.W.2d 62 (Tex. App.--Tyler 1997, pet. ref'd), after the defendant had killed a person while driving under the influence of marijuana, he was found guilty of involuntary manslaughter. Id. at 63. On appeal, the defendant asserted that the expert's testimony as to his degree of impairment at the time of the incident was unreliable and not generally accepted by the scientific community. Id. at 65. The Twelfth Court of Appeals concluded that the trial court did not abuse its discretion in allowing the expert's testimony because he testified that his technique of testing marijuana in the bloodstream was reliable and accepted in the scientific community. Id. at 66-67.