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STATE v. DOWNEY

No. 30,263.

195 P.3d 1244 (2008)

2008-NMSC-061

STATE of New Mexico, Plaintiff-Respondent, v. Harry L. DOWNEY, Defendant-Petitioner.

Supreme Court of New Mexico.

October 16, 2008.

Attorney(s) appearing for the Case

Downing & Henderson, P.C., David Henderson, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} The question presented in this appeal is whether the trial court properly executed its gatekeeping function in determining that (1) the State's witness, Ron Smock, was qualified to testify as an expert concerning the science of retrograde extrapolation; and (2) Smock's expert testimony was reliable and admissible pursuant to the criteria established in Daubert v. Merrell...

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