Legal Opinion

Blacklock v. State

Court of Criminal Appeals of Texas

Decided September 26, 2007No. PD-1639/1640-06PublishedCited by 106 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

In this case, we decide that appellant is entitled to post-conviction DNA testing under Article 64 of the Texas Code of Criminal Procedure.

Appellant was convicted in 1995 of an aggravated robbery and an aggravated sexual assault, both of which occurred on November 13, 1992, during the same transaction. Appellant received two, stacked life sentences. The victim knew appellant and identified him at his 1995 trial as the one who robbed and sexually assaulted her. The State presented other evidence at appellant’s 1995 trial that DNA testing of semen from the victim’s vaginal smears was…

3Cases cited2 opinions

  1. Bell v. StateCourt of Criminal Appeals of Texas · 2002
  2. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002

4Cited by106 opinions

  1. Ex Parte GutierrezCourt of Criminal Appeals of Texas · 2011
  2. Holberg, Brittany Marlowe AKA Johnson, Brittany MarloweCourt of Criminal Appeals of Texas · 2014
  3. State of Texas v. Swearingen, Larry RayCourt of Criminal Appeals of Texas · 2014
  4. Esparza v. StateCourt of Criminal Appeals of Texas · 2009
  5. Hall v. StateCourt of Criminal Appeals of Texas · 2019

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