Legal Opinion

Sisk v. State

Court of Criminal Appeals of Texas

Decided April 7, 2004No. 74699PublishedCited by 22 opinions

1Opinion of the CourtWomack, J.

The issue before us is whether, under the original version of Code of Criminal Procedure article 64.05, appeal is to this court or to a court of appeals in the DNA-testing case of a person who was sentenced to imprisonment for capital murder. We hold that such an appeal is to the court of appeals.

The Case

Steven Riley Sisk, who was convicted of capital murder and sentenced to imprisonment for life in 1994, moved for DNA testing on February 28, 2003. The convicting court refused to order testing. Sisk filed notice of appeal to this court, but the district clerk sent the notice of appeal to the…

2Cases cited3 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
  3. Lebo v. StateCourt of Criminal Appeals of Texas · 2002

3Cited by22 opinions

  1. White, Ex Parte Robert WayneCourt of Criminal Appeals of Texas · 2013
  2. Brewer v. State, Texas Court of Appeals, 9th District (Beaumont)2004
  3. Blue, Ex Parte Carl HenryCourt of Criminal Appeals of Texas · 2007
  4. Bobby Gene Butler v. State, Texas Court of Appeals, 2nd District (Fort Worth)2005
  5. Bobby Gene Butler v. State, Texas Court of Appeals, 2nd District (Fort Worth)2005

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