John B. Davis v. State

• Court: Court of Appeals of Texas
• Decided: August 1, 2006
• Docket: 14-03-00585-CR
• Status: Published

Opinion

Reversed and Remanded and Majority and Concurring Opinions filed August 1, 2006

Reversed and Remanded and Majority and Concurring Opinions filed August 1, 2006.

In The

Fourteenth Court of Appeals

_______________

NO. 14-03-00585-CR

JOHN DAVIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 6

Harris County, Texas

Trial Court Cause No. 1117461

C O N C U R R I N G   O P I N I O N

 For reasons unrelated to our substantive disposition, I cannot join the majority.  However, I readily agree that reversal is warranted under this appellate record. Respected advocates have consistently demonstrated to bench and bar that there are many variables affecting the reliability of Intoxilyzer tests.  Despite appellant=s numerous objections during voir dire and closing argument, the State=s advocate blatantly misstated the law. 

Our legislature has chosen to use a machine (Intoxilyzer) to establish criminal culpability beyond a reasonable doubt.  Consequently, the judiciary must carefully guard a

defendant=s right to challenge the reliability of such evidence.

/s/        Charles Seymore

Justice

Judgment rendered and Majority and Concurring Opinions filed August 1, 2006.

Panel consists of Justices Edelman, Seymore, and Guzman. (Edelman, J., majority)

Do Not Publish C Tex. R. App. P. 47.2(b).