Legal Opinion

John Byron Yarbrough v. State

Texas Court of Appeals, 10th District (Waco)

Decided March 12, 2008No. 10-07-00024-CRPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-07-00024-CR

John Byron Yarbrough,

Appellant

v.

The State of Texas,

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court No. 27602

Opinion

John Byron Yarbrough appeals from the denial of his motion for postconviction DNA testing under Chapter 64 of the Code of Criminal Procedure. Yarbrough contends in two issues that the court erred by: (1) denying his motion for DNA testing; and (2) denying his motion to issue a bench warrant so he could participate in the hearing on his request for DNA testing. We will affirm.

Background

Yarbrough and co-defendant…

2Cases cited10 opinions

  1. Rivera v. StateCourt of Criminal Appeals of Texas · 2002
  2. Kutzner v. StateCourt of Criminal Appeals of Texas · 2002
  3. Whitaker v. StateCourt of Criminal Appeals of Texas · 2004
  4. Cravin v. State, Texas Court of Appeals, 1st District (Houston)2002
  5. Wolfe v. StateCourt of Criminal Appeals of Texas · 2003

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