Legal Opinion · Concurrence

Davis v. State

Court of Criminal Appeals of Texas

Decided September 14, 2016No. PD-1526-15Published

1Concurrence

YEARY, J.,

filed a concurring opinion.

For a second time, Appellant, acting pro se, has been deprived of his right to appeal an adverse'ruling on his motion for post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure because he did riot receive timely notice of the trial court’s order denying the testing he requested. The last time this happened, the court of appeals dismissed his purported appeal for lack of jurisdiction. Because Appellant did not timely receive notice of the trial court’s order, he failed to timely *804file his notice of appeal. Without a timely…

2Cases cited5 opinions

  1. Olivo v. StateCourt of Criminal Appeals of Texas · 1996
  2. Hicks v. OklahomaSupreme Court of the United States · 1980
  3. Castillo, Ex Parte Mario AmaroCourt of Criminal Appeals of Texas · 2012
  4. Wachtendorf, John Allen Jr.Court of Criminal Appeals of Texas · 2015
  5. Ex Parte SuhreCourt of Criminal Appeals of Texas · 2006

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