Legal Opinion

Helmcamp v. State

Court of Criminal Appeals of Texas

Decided January 25, 2017No. PD-1114-16Published

1Opinion of the Court

CONCURRING OPINION

Yeary, J.,

filed a concurring opinion

in which Richardson, J., joined.

Once again, an 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 not receive timely notice of the trial court’s order denying the testing he requested. See, e.g., Davis v. State, 502 S.W.3d 803 (Tex. Crim. App. 2016) (Yeary, J., concurring) (appellant deprived of appeal from multiple DNA motions because of untimely notices of appeal caused by untimely…

2Cases cited5 opinions

  1. Hicks v. OklahomaSupreme Court of the United States · 1980
  2. Castillo, Ex Parte Mario AmaroCourt of Criminal Appeals of Texas · 2012
  3. Wachtendorf, John Allen Jr.Court of Criminal Appeals of Texas · 2015
  4. Ex Parte SuhreCourt of Criminal Appeals of Texas · 2006
  5. Davis v. StateCourt of Criminal Appeals of Texas · 2016

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