Legal Opinion
Carter v. State
Texas Court of Appeals, 10th District (Waco)
Decided May 5, 2004No. 10-02-00183-CRPublishedCited by 9 opinions
1Opinion of the Court
OPINION
BILL VANCE, Justice.
Brian Allen Carter appeals the trial court’s denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure of crime scene evidence from the 1992 murder of Elvira Waddell Gonzales. See Tex.Code CRiM. PROC. Ann. arts. 64.01-05 (Vernon Supp. 2004.) Carter did not show by a preponderance of the evidence that a reasonable probability exists that exculpatory DNA tests would prove his innocence. Therefore, we will affirm.
BACKGROUND
On December 12, 1994, Brian Allen Carter pled guilty to murder with a deadly weapon 1 and was sentenced…
2Cases cited7 opinions
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- Rivera v. StateCourt of Criminal Appeals of Texas · 2002
- Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
- Whitaker v. StateCourt of Criminal Appeals of Texas · 2004
- Skinner v. StateCourt of Criminal Appeals of Texas · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Swearingen v. StateCourt of Criminal Appeals of Texas · 2010
- Yarbrough v. State, Texas Court of Appeals, 10th District (Waco)2008
- John Byron Yarbrough v. State, Texas Court of Appeals, 10th District (Waco)2008
- John Kennedy Logsdon v. State, Texas Court of Appeals, 2nd District (Fort Worth)2006
- John Kennedy Logsdon v. State, Texas Court of Appeals, 2nd District (Fort Worth)2006
4 more not listed; retrieve them via the Exa API.