In Re McBride
Texas Court of Appeals, 3rd District (Austin)
1Opinion of the Court
KIDD, Justice.
Kirk Wayne McBride filed a pro se motion for forensic DNA testing of biological evidence. 1 Tex.Code Crim. Proc. Ann. art. 64.01(a) (West Supp.2002). The motion was denied by the district court four days after it was filed. McBride contends the court erred by denying the motion without requiring a response from the State and without a hearing. He further contends that his motion and supporting affidavit were alone sufficient to require the court to order DNA testing. We will affirm the district court’s order.
Upon receipt of a motion for DNA testing, the court must provide a copy…
2Cited by29 opinions
- Ex Parte GutierrezCourt of Criminal Appeals of Texas · 2011
- Wilson v. StateCourt of Criminal Appeals of Texas · 2006
- Morris v. State, Texas Court of Appeals, 11th District (Eastland)2003
- Green v. State, Texas Court of Appeals, 4th District (San Antonio)2002
- In Re Fain, Texas Court of Appeals, 3rd District (Austin)2002
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