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 constitutes an impermissible comment on the weight of the evidence, violating Articles 36.14, 38.04, and 38.05 of the Texas Code of Criminal Procedure, and therefore reversed the Court of Appeals' judgment and remanded for a harmless error analysis. Justice Hervey dissented, arguing the instruction was neutral, and Justice Johnson concurred, emphasizing the instruction’s potential to accentuate the evidence.