Whitaker v. State

OPINION

Charles Elvin Whitaker was convicted of the capital murder of Aline Berry and was sentenced to life in prison. He filed a motion for forensic DNA testing, which the trial court denied. Whitaker appeals, arguing that the trial judge erred in various respects. We disagree and affirm the trial court’s judgment.

Factual History

The Court of Appeals set forth the facts of this case as follows:

Charles Whitaker, Fred McGregor, and Danny Hill conspired for several hours to rob seventy-six year old Aline Berry, the owner and manager of the Berry Motel in Corrigan, Texas. In the middle of the…