Legal Opinion · Dissent

McGinty v. State

Court of Criminal Appeals of Texas

Decided November 19, 1986No. 1058-84Published

1DissentTeague, Judge

For the reasons I have stated in the dissenting opinions that I filed in Thomas v. State, 723 S.W.2d 696 (Tex.Cr.App.1986), Bass v. State, 723 S.W.2d 687 (Tex.Cr.App.1986), and McCambridge v. State, 712 S.W.2d 499 (Tex.Cr.App.1986), and what I will state herein, I respectfully dissent to the majority opinion’s overruling appellant’s contention that the trial judge *723erred in admitting into evidence his refusal to take a chemical breath test.

I pause to point out that the majority opinion in this cause is more egregious than the ones in Thomas, supra, and Bass, supra, because here the appellant…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Oregon v. MathiasonSupreme Court of the United States · 1977
  4. Thomas v. StateCourt of Criminal Appeals of Texas · 1986
  5. McCambridge v. StateCourt of Criminal Appeals of Texas · 1986

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