Legal Opinion

Yarbrough v. State

Texas Court of Appeals, 10th District (Waco)

Decided March 12, 2008No. 10-07-00024-CRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

John Byron Yarbrough appeals from the denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure. Yarbrough contends in two issues that the court erred by: (1) denying his motion for DNA testing; and (2) denying his motion to issue a bench warrant so he could participate in the hearing on his request for DNA testing. We will affirm.

Background

Yarbrough and co-defendant Milton Brumfield were convicted of capital murder for fatally shooting Jerry Lee Shaw in a roadside restroom during the course of a robbery. Two…

2Cases cited10 opinions

  1. Rivera v. StateCourt of Criminal Appeals of Texas · 2002
  2. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
  3. Whitaker v. StateCourt of Criminal Appeals of Texas · 2004
  4. Cravin v. State, Texas Court of Appeals, 1st District (Houston)2002
  5. Wolfe v. StateCourt of Criminal Appeals of Texas · 2003

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3Cited by6 opinions

  1. Larson v. StateCourt of Appeals of Texas · 2016
  2. David Jones, Jr. v. State, Texas Court of Appeals, 7th District (Amarillo)2011
  3. David Jones, Jr. v. State, Texas Court of Appeals, 7th District (Amarillo)2011
  4. David Jones, Jr. v. State, Texas Court of Appeals, 7th District (Amarillo)2011
  5. Kevin Castro v. State, Texas Court of Appeals, 1st District (Houston)2019

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

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