State v. Holloway

in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

A jury found the appellee guilty of manslaughter, 1 made an affirmative finding that he used a deadly weapon, 2 and assessed his punishment at twenty years in prison. The Texarkana Court of Appeals affirmed the conviction, and we refused the appellee’s petition for discretionary review. Four years later, the appellee filed a motion for DNA testing of presumptive blood on the knife that was admitted at trial as the murder weapon. The convicting court granted his motion. When the subsequent DNA testing…