Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of July 05, 2010

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Settlemire v. State,   No. 02-09-00214-CR   (July 8, 2010)   (Charles Bleil, J. (Senior Justice, Retired, Sitting by Assignment), joined by Livingston, C.J., and Meier, J.).

Held:   Under Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527, 2532 n.1 (2009), a technical analyst who did not calibrate the intoxilyzer at the time of Appellant's breath test can testify about the machine's status from documents prepared in the regular course of equipment maintenance without violating the Confrontation Clause. Therefore, the trial court did not err by admitting Appellant's breath test results.

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