# Clinard v. State

> Court of Criminal Appeals of Texas · March 23, 1977 · 548 S.W.2d 716

URL: https://www.frixlaw.com/law-library/cases/9640981

## Case

- **Full name:** Tommy Earl CLINARD, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 23, 1977
- **Citations:** 548 S.W.2d 716; 1977 Tex. Crim. App. LEXIS 1034
- **Precedential status:** Published
- **Opinion:** Concurrence by Douglas
- **Judges:** Phillips, Onion, Douglas, Roberts, Odom
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9640981

## Opinion text

DOUGLAS, Judge,
concurring.
I concur in the result of the opinion of Judge Phillips in that the conviction must be reversed because the evidence of the refusal to take the breathalyzer test is not admissible because of the decision of the Supreme Court of the United States in Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976). See also Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9640981. Public record. Not legal advice.