Adam Terrell Rhyne v. State
387 S.W.3d 896
Tex. App.2012Background
- Appellant Adam Terrell Rhyne was convicted of driving while intoxicated in Clay County, Texas.
- Trooper Ward stopped Rhyne after his pickup drifted across lanes on U.S. Highway 287 around 1:00 a.m.
- Rhyne admitted drinking and submitted to two breath tests yielding 0.148 and 0.141.
- The dash-cam video of the stop was lost; the officer could not testify about several physical signs of intoxication.
- The State offered the breath-test results, but no witness testified that the intoxilyzer was properly operating that day or that a technical supervisor supervised the device.
- The trial court admitted the breath-test results over Rhyne’s predicate objections; the jury ultimately found guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether breath-test results were improperly admitted | Rhyne argues the predicate was not proven | Rhyne contends the State failed to show proper maintenance and interpretation by a qualified witness | Breath-test results improperly admitted; reversible error |
| Whether venue was proven in Clay County | State proved venue in Clay County, as charged | Venue not challenged below; presumption of venue applies | Venue not adequately challenged; presumption upheld |
Key Cases Cited
- Harrell v. State, 725 S.W.2d 208 (Tex. Crim. App. 1986) (establishes three-part predicate for breath-test admissibility)
- Reynolds v. State, 204 S.W.3d 386 (Tex. Crim. App. 2006) (recognizes Kelly criteria and certification relevance for breath tests)
- Kercho v. State, 948 S.W.2d 34 (Tex. App.—Houston [14th Dist.] 1997) (discusses predicates and witnesses for breath-test evidence)
- Holdridge v. State, 707 S.W.2d 18 (Tex. Crim. App. 1986) (presumption of venue where not timely challenged)
- Bagheri v. State, 119 S.W.3d 755 (Tex. Crim. App. 2003) (assesses error impact in breath-test suppression cases)
- Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008) (abuse-of-discretion standard for evidentiary rulings)
- Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App. 1992) (Kelly criteria for reliability of scientific evidence)
- Hartman v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997) (Kelly framework applicability to scientific evidence)