Ex Parte Baker

The issue in this case is whether the post-conviction writ of habeas corpus under Article 11.07 of the Code of Criminal Procedure is available for complaints that counsel performed inadequately on a motion for forensic DNA testing under Chapter 64 of the Code. We hold that it is not.

The Applicant

In 1995 a jury found Mitchell Austin Baker guilty of the felony offenses of aggravated sexual assault and compelling prostitution. He was sentenced to twenty years’ imprisonment. The judgments of conviction were affirmed on appeal in 1998. 1

The Motion for Forensic DNA Testing

In 2001, Chapter 64 of the…