Legal Opinion

Green v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided December 4, 2002No. 04-02-00221-CRPublishedCited by 30 opinions

1Opinion of the Court

Opinion by:

ALMA L. LÓPEZ, Justice.

Forest Jerome Green (“Green”) appeals the trial court’s order denying his motion for forensic DNA testing under chapter 64 of the Texas Code of Criminal Procedure. Green contends that the trial court erred in finding that identity was and is not an issue in the case. We affirm the trial court’s order.

We review the trial court’s decision under a bifurcated standard of review: “we afford almost total deference to the trial court’s determination of issues of historical fact and application-of-law-to-fact issues that turn on credibility and demean- or, while we…

2Cases cited2 opinions

  1. Rivera v. StateCourt of Criminal Appeals of Texas · 2002
  2. In Re McBride, Texas Court of Appeals, 3rd District (Austin)2002

3Cited by30 opinions

  1. Wilson v. StateCourt of Criminal Appeals of Texas · 2006
  2. Morris v. State, Texas Court of Appeals, 11th District (Eastland)2003
  3. Jacobs v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  4. In Re State Ex Rel. Villalobos, Texas Court of Appeals, 13th District2007
  5. Watkins v. State, Texas Court of Appeals, 6th District (Texarkana)2005

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