Legal Opinion

State v. Patrick

Court of Criminal Appeals of Texas

Decided September 11, 2002No. 74,191, 74,227PublishedCited by 326 opinions

1Opinion of the Court

OPINION

2Judgment of the CourtKeller, P.J.

in which WOMACK, KEASLER, and HERVEY JJ., joined.

Today we are confronted with the question of whether a trial court has the authority to order DNA testing even though the applicant has failed to meet the requirements of the DNA testing statute (Chapter 64).1

A. Background

Patrick (hereinafter referred to as “applicant”) was convicted of capital murder and sentenced to death. We affirmed his conviction on direct appeal and denied relief on his application for writ of habeas corpus. Applicant subsequently applied under Chapter 64 for DNA testing of spermatozoa samples. These samples were…

Also in this document: Concurrence.

3Cases cited8 opinions

  1. State Ex Rel. Hill v. Court of Appeals for the Fifth DistrictCourt of Criminal Appeals of Texas · 2001
  2. Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
  3. Fruehauf Corp. v. CarrilloTexas Supreme Court · 1993
  4. State Ex Rel. Hill v. PirtleCourt of Criminal Appeals of Texas · 1994
  5. Scott & White Memorial Hospital v. SchexniderTexas Supreme Court · 1996

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

4Cited by326 opinions

  1. In Re STATE of Texas Ex Rel. David P. WEEKSCourt of Criminal Appeals of Texas · 2013
  2. State Ex Rel. Lykos v. FineCourt of Criminal Appeals of Texas · 2011
  3. State Ex Rel. Rosenthal v. PoeCourt of Criminal Appeals of Texas · 2003
  4. State v. DunbarCourt of Criminal Appeals of Texas · 2009
  5. Reger v. StateCourt of Appeals of Texas · 2007

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

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