State of Texas v. Swearingen, Larry Ray

KELLER, P.J., MEYERS, PRICE, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ.

joined.

The appellee, Larry Ray Swearingen, was convicted in 2000 of the capital murder of Melissa Trotter and sentenced to death. We affirmed the judgment and sentence. 1 He then filed seven applications for writs of habeas corpus, which were denied. Here, the State appeals the decision of the trial court to grant the appellee’s fourth Article 64 motion for DNA testing. 2 In this appeal, as in a prior action, the appellee has not established that biological evidence exists or that, where it does, exculpatory test results…