State of Texas v. Swearingen, Larry Ray

OPINION

in which KELLER, P.J., MEYERS, JOHNSON, HERVEY, and RICHARDSON, JJ., joined.

The trial judge granted Larry Swearin-gen’s request for post-conviction DNA testing of several pieces of evidence under Texas Code of Criminal Procedure Chapter 64. The judge also conditionally granted Swearingen’s motion to release certain evidence for preliminary testing to determine whether the evidence contained biological material. Because we once again find that Swearingen fails to satisfy Chapter 64’s requirements, we reverse the judge’s order. We dismiss the State’s appeal challenging the conditional…