refused breath test (Texas) · Go Syfert
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refused breath test in Texas

10 Texas opinions name it 1 courts 1998–2009 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Moore v. Stategreen
texapp · 1998 · cited in 6 Texas opinions naming this issue, 1999–2007
2 sentences

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. 3 See Griffith, 55 S.W.3d at 601 ; Moore v. State, 981 S.W.2d 701, 708 (Tex.App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State, 865 S.W.2d 135, 137 (Tex.App.-Corpus Christi 1993, pet. refd).

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. (3) See Griffith , 55 S.W.3d at 601 ; Moore v. State , 981 S.W.2d 701, 708 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State , 865 S.W.2d 135, 137 (Tex. App.-Corpus Christi 1993, pet. ref'd).

56
Hess v. Stategreen
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See id. at 517 (noting that “the jury did not need any judicial instruction to focus its attention on the refused test.

2009See id. at 517 (noting that "the jury did not need any judicial instruction to focus its attention on the refused test.

22
Bright v. Stategreen
texapp · 1994 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. 3 See Griffith, 55 S.W.3d at 601 ; Moore v. State, 981 S.W.2d 701, 708 (Tex.App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State, 865 S.W.2d 135, 137 (Tex.App.-Corpus Christi 1993, pet. refd).

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. (3) See Griffith , 55 S.W.3d at 601 ; Moore v. State , 981 S.W.2d 701, 708 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State , 865 S.W.2d 135, 137 (Tex. App.-Corpus Christi 1993, pet. ref'd).

22
Griffith v. Stategreen
texcrimapp · 2001 · cited in 3 Texas opinions naming this issue, 2003–2006
2 sentences

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. 3 See Griffith, 55 S.W.3d at 601 ; Moore v. State, 981 S.W.2d 701, 708 (Tex.App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State, 865 S.W.2d 135, 137 (Tex.App.-Corpus Christi 1993, pet. refd).

2003By enacting section 724.061, the legislature determined that evidence of a refused breath test is relevant in a DWI trial and that any such refusal is admissible without requiring a showing of why a defendant refused a breath test. (3) See Griffith , 55 S.W.3d at 601 ; Moore v. State , 981 S.W.2d 701, 708 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd); Bright v. State , 865 S.W.2d 135, 137 (Tex. App.-Corpus Christi 1993, pet. ref'd).

13
South Dakota v. Nevillegreen
scotus · 1983 · cited in 2 Texas opinions naming this issue, 1998–1999
2 sentences

1999See South Dakota v. Neville, 459 U.S. 553, 564 , 103 S.Ct. 916, 923 , 74 L.Ed.2d 748 , (1983).

1999See South Dakota v. Neville, 459 U.S. 553, 564 , 103 S.Ct. 916, 923 , 74 L.Ed.2d 748 , (1983).

12
State v. Marrsgreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Griffith v. State , 55 S.W.3d 598, 601 (Tex. Crim. App. 2001); State v. Marrs , 104 S.W.3d 914, 918 (Tex. App. C Corpus Christi 2003, no pet.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (6) TX § Tex. Transp. Code § 724.061 (5) TX § Tex. Penal Code § 49.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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