Legal Opinion

Asberry v. State

Court of Criminal Appeals of Texas

Decided December 7, 2016No. PD-1409-15PublishedCited by 20 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · JohnsonJohnson, J.

Appellant was charged with a murder that occurred in 2003, indicted in 2007, and convicted by a jury in 2008. In preparation for trial, some items of evidence had been subjected to DNA testing. Appellant complained to the court of appeals that the trial court had erred by failing to appoint an expert for an independent examination of the DNA evidence. The Tenth Court of Appeals affirmed his conviction and life sentence in 2009. Asberry v. State, 2009 WL 3646083, 2009 Tex. App. LEXIS 8512 (Tex. App.-Waco Nov. 4, 2009) (not designated for publication).

In his petition for discretionary…

3Cases cited8 opinions

  1. Ex Parte GutierrezCourt of Criminal Appeals of Texas · 2011
  2. Smith v. StateCourt of Criminal Appeals of Texas · 2005
  3. Jacobs v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  4. Davis v. State, Texas Court of Appeals, 10th District (Waco)2009
  5. Frank v. State, Texas Court of Appeals, 1st District (Houston)2006

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4Cited by20 opinions

  1. Dunning v. StateCourt of Criminal Appeals of Texas · 2019
  2. LaRue v. StateCourt of Criminal Appeals of Texas · 2017
  3. Allen Latoi Story v. State, Texas Court of Appeals, 10th District (Waco)2020
  4. Benjamin Alan Morrison v. State, Texas Court of Appeals, 10th District (Waco)2020
  5. Damon Lavelle Asberry v. State, Texas Court of Appeals, 10th District (Waco)2017

15 more not listed; retrieve them via the Exa API.

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