Legal Opinion · Concurrence

Whitfield v. State

Court of Criminal Appeals of Texas

Decided May 7, 2014No. PD-0865-13Published

1Concurrence

ALCALA, J.,

filed a concurring opinion in which JOHNSON and COCHRAN, JJ., joined.

I respectfully concur in the Court’s judgment reversing the court of appeals’s dismissal of the appeal filed by Robert *410Whitfield, appellant, and remanding the case for consideration on the merits of whether the evidence supports the convicting court’s finding that DNA results are unfavorable to him. See Whitfield v. State, 409 S.W.3d 11, 11 (Tex.App.-Houston [1st Dist.] 2013). Like the majority opinion, I conclude that the court of appeals has statutory jurisdiction to address appellant’s complaint under Chapter…

2Cases cited39 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  3. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  4. Johnson, Manley DewayneCourt of Criminal Appeals of Texas · 2014
  5. Rivera v. StateCourt of Criminal Appeals of Texas · 2002

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