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STATE v. LEMLER

No. 24815.

774 N.W.2d 272 (2009)

2009 SD 86

STATE of South Dakota, Plaintiff and Appellee, v. Neal J. LEMLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 16, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Max A. Gors, Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Rose Ann Wendell, Pierre, South Dakota, for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Probationer Neal J. Lemler's alcohol monitoring bracelet registered three "drinking events," and the State petitioned to revoke his probation. At the probation violation hearing, the circuit court ruled the State's expert was qualified to testify concerning transdermal alcohol detection. At the end of the evidentiary hearing, the court ruled the methodology utilized in the alcohol monitoring bracelet met the Daubert

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