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RODGERS v. STATE

No. PD-0645-05.

205 S.W.3d 525 (2006)

Warren Keith RODGERS, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 3, 2006.

Attorney(s) appearing for the Case

James W. Volberding, Tyler, for Appellant.

Henry Whitley, Special Assistant Criminal District Attorney, Quitman, Matthew Paul, State's Attorney, Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court, in which MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined.

In this case we hold that a motion to strike an expert witness's testimony based on his lack of qualifications, which is made after the witness has testified, can serve as a renewed objection to the trial court's earlier ruling that the witness was qualified. In these circumstances, an appellate court reviews the trial...

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