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Michael Edward Dansby, Sr v. the State of Texas

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Price, J., delivered the opinion of the Court in which Meyers, Womack, Johnson, Cochran and Alcala, JJ., joined. Keasler, J., filed a dissenting opinion in which Keller, P.J., and Hervey, J., joined.

OPINION

The appellant argued on direct appeal that his deferred adjudication community supervision was revoked unconstitutionally as a penalty for invoking his Fifth Amendment privilege against self-incrimination by refusing to answer questions during the course of a court-imposed sexual history polygraph examination about past sexual assault offenses. In an unpublished opinion, the Dallas Court of Appeals declined to reach that issue, holding that the appellant’s community supervision had been legitimately revoked on another basis–that he failed to successfully complete the court-ordered sex offender treatment program that the sexual history polygraph was designed to facilitate.*fn1 We granted the appellant’s petition for discretionary review to address the appellant’s contention that he was essentially discharged from the treatment program because he refused to answer incriminating questions during the course of the sexual history polygraph, and the court of appeals therefore improperly dodged his constitutional claim. We will reverse the judgment of the court of appeals and remand the cause for further consideration of the case not inconsistent with this opinion.

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