Legal Opinion

State v. Waller

Texas Court of Appeals, 5th District (Dallas)

Decided April 28, 2003No. 05-02-01173-CRPublishedCited by 8 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

James Douglas Waller filed a motion for post-conviction DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. See Tex.Code CRiM. PROC. Ann. art. 64.01 (Vernon Supp. 2003). A trial court granted the motion and found the results of mtDNA testing favorable to Waller. The State appeals asserting, in a single point of error, the trial court erred by finding the mtDNA results favorable to Waller. Waller has filed a motion to dismiss this appeal, contending this Court does not have jurisdiction. For the reasons below, we grant Waller’s motion…

2Cases cited10 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. State v. PatrickCourt of Criminal Appeals of Texas · 2002
  3. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
  4. Ex Parte EvansCourt of Criminal Appeals of Texas · 1998
  5. Rushing v. StateCourt of Criminal Appeals of Texas · 2002

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3Cited by8 opinions

  1. Wolfe v. StateCourt of Criminal Appeals of Texas · 2003
  2. Williams v. State, Texas Court of Appeals, 5th District (Dallas)2004
  3. Kerry Max Cook v. State, Texas Court of Appeals, 12th District (Tyler)2014
  4. Michael Gowan v. State, Texas Court of Appeals, 2nd District (Fort Worth)2015
  5. State v. Marco Antonio Rodriguez A/K/A David MacIel Garcia A/K/A Eric Linares Villa, Texas Court of Appeals, 13th District2006

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