Roy Bob Bartlett, Appellant v. the State of Texas

Summary

The Court held that a jury instruction allowing the jury to consider a defendant's refusal to submit to a breath test is an impermissible comment on the weight of the evidence, reversed the Court of Appeals' judgment, and remanded for a harm analysis. Justice Hervey dissented, arguing the instruction was neutral, while Justice Johnson concurred, emphasizing the instruction's undue emphasis on the refusal evidence.