Legal Opinion

State v. Holloway

Texas Court of Appeals, 6th District (Texarkana)

Decided December 10, 2010No. 06-10-00033-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Justice CARTER.

I. Introduction

DNA testing done seven years after the conviction of Danny Lee Holloway, II, for manslaughter showed the victim’s blood was not on the knife allegedly used as the deadly weapon. As a result, the trial court concluded Holloway probably would not have been convicted had that evidence been available at trial, and granted Holloway a new trial. We find that conclusion is not supported by evidence and, even if it was, the trial court was not authorized to grant a new trial.

II. Facts and Procedural History

Holloway was convicted in 2002 for manslaughter…

2Cases cited17 opinions

  1. Olivo v. StateCourt of Criminal Appeals of Texas · 1996
  2. Rivera v. StateCourt of Criminal Appeals of Texas · 2002
  3. State v. PatrickCourt of Criminal Appeals of Texas · 2002
  4. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
  5. Smith v. StateCourt of Criminal Appeals of Texas · 2005

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3Cited by7 opinions

  1. State v. HollowayCourt of Criminal Appeals of Texas · 2012
  2. Gerald Mac Lowrey v. State, Texas Court of Appeals, 6th District (Texarkana)2015
  3. Jesus Rodriguez v. State, Texas Court of Appeals, 13th District2018
  4. Mario A. Barrera v. State, Texas Court of Appeals, 11th District (Eastland)2018
  5. Pruett, Robert LynnCourt of Appeals of Texas · 2015

2 more not listed; retrieve them via the Exa API.

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