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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In Re Morton

Michael Wayne Morton, convicted of his wife's murder in 1987, sought post-conviction forensic DNA testing of various pieces of evidence under chapter 64 of the Texas Code of Criminal Procedure. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and for fingerprint evidence, finding these did not meet the statutory requirements of being "secured in relation to the offense" or containing "biological material." However, the court reversed the denial for a blood-stained bandana recovered near the crime scene. The court concluded that if DNA testing on the bandana yielded exculpatory results (Christine's blood and a third party's DNA), there is a greater than 50% likelihood that Morton would not have been convicted, and thus remanded the case for further proceedings concerning the bandana.

forensic DNA testingmurder convictionappealcriminal procedureexculpatory evidenceblood-stained bandanaunidentified fingerprintscircumstantial evidencetime of deathunknown intruder theory
References
12
Case No. 05-13-01547-CR
Regular Panel Decision
May 04, 2015

Harriman, Timothy Scott

Timothy Scott Harriman, previously convicted of murder and sentenced to thirty-four years' imprisonment, appealed the denial of his post-conviction motion for DNA testing. Harriman argued that identity was an issue in his case and that exculpatory DNA results would have changed his conviction. The State contended that identity was not an issue due to Harriman's admitted conduct of strangling the victim, and any exculpatory DNA evidence would only "muddy the waters" as other people were present. The Court of Appeals affirmed the trial court's order, ruling that Harriman failed to meet the statutory prerequisites for DNA testing, specifically that identity was not an issue in the case and that exculpatory DNA results would not have led to a different conviction given his admission of the act.

Criminal AppealDNA TestingPost-Conviction ReliefMurder ConvictionIdentity DisputeExculpatory EvidenceAbuse of DiscretionTexas Code of Criminal Procedure Chapter 64StrangulationFactual Innocence
References
31
Case No. 07-03-0383-CR; 07-03-0384-CR; 07-03-0385-CR
Regular Panel Decision
Feb 24, 2005

David Matthew Layton v. State

David Matthew Layton, convicted of aggravated kidnapping and aggravated sexual assault of a child, appealed the denial of his motions for post-conviction forensic DNA testing. He argued that the trial court erred in denying these motions, asserting that exculpatory DNA results would have prevented his conviction. The Court of Appeals for the Seventh District of Texas at Amarillo reviewed his claims, noting that his arguments largely rehashed prior challenges to the sufficiency of evidence. The court concluded that Layton failed to establish by a preponderance of the evidence that he would not have been convicted if exculpatory DNA testing results had been obtained. Consequently, the trial court's denial of the DNA testing motions was affirmed.

Criminal LawAggravated KidnappingAggravated Sexual AssaultDNA TestingPost-Conviction ReliefAppellate ReviewSufficiency of EvidenceTexas Code of Criminal ProcedureDenial of MotionAffirmed Conviction
References
7
Case No. 74,135
Regular Panel Decision

Kutzner v. State

This case is an appeal from the convicting court's denial of appellant Kutzner's motion for DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. Appellant, convicted of capital murder and sentenced to death, sought DNA testing on fingernail scrapings and hair samples. The central issues addressed by the Texas Court of Criminal Appeals were its jurisdiction to review the denial of DNA testing and whether the appellant met the statutory requirements for such testing. The Court affirmed the convicting court's decision, ruling that it possessed the necessary jurisdiction and that Kutzner failed to establish a reasonable probability that exculpatory DNA results would prove his innocence, or that his request was not made to unreasonably delay his execution.

DNA testingCapital murderPost-conviction reliefAppellate jurisdictionTexas Code of Criminal ProcedureExculpatory evidenceReasonable probabilityProsecutorial misconductActual innocenceLegislative intent
References
29
Case No. M2009-02636-CCA-R3-CD
Regular Panel Decision
Jul 13, 2012

State of Tennessee v. Jerome Sidney Barrett

The defendant, Jerome Sidney Barrett, was convicted of second-degree murder for a 1975 homicide after DNA evidence linked him to the victim's blouse and inmate testimony reported his admissions. The appellate court affirmed the trial court's denial of his motion to suppress DNA evidence, finding probable cause despite a recklessly made statement in the affidavit. The court also affirmed the denial of his motion to dismiss due to a 33-year pre-indictment delay, acknowledging the evolving DNA technology. Furthermore, the court upheld the admission of inmate testimony regarding the defendant's prior killings and affirmed the jury-imposed 44-year consecutive sentence.

HomicideSecond Degree MurderDNA AnalysisForensic ScienceSearch Warrant ValidityDue Process ViolationPre-Indictment DelayInmate InformantsWitness CredibilityEvidentiary Rules
References
74
Case No. MISSING
Regular Panel Decision

The People v. Howard S. Wright

This dissenting opinion argues against the majority's decision to reverse a conviction and order a new trial, which was based on the finding that the defendant was deprived of effective assistance of counsel. The dissent contends that the defense counsel provided meaningful representation when viewed in totality, despite not objecting to certain prosecutorial statements during summation. The opinion highlights the defense counsel's effective cross-examination of the DNA expert, who conceded limitations in the YSTR DNA evidence, and the jury's acquittals on rape and felony murder charges. The dissent further argues that the prosecutor did not misrepresent the DNA evidence, but rather presented it as one piece of a larger circumstantial case, urging the jury to consider all evidence. It differentiates this case from instances of clear ineffective assistance of counsel, asserting that the alleged single error by defense counsel during summation does not warrant a reversal.

Effective Assistance of CounselIneffective Assistance of CounselProsecutorial MisconductSummationDNA EvidenceYSTR TestingForensic DNACriminal AppealDissenting OpinionMurder Conviction
References
7
Case No. 81-367
Regular Panel Decision

Dabbs v. Vergari

Petitioner, convicted of first-degree rape, sought to compel the District Attorney to permit DNA testing of physical evidence from his criminal trial (indictment No. 81-367). The evidence, including semen and bodily secretions, had yielded inconclusive results at his 1984 trial but could now be conclusively tested using modern DNA analysis. The respondent District Attorney opposed the request, arguing a lack of statutory right to post-conviction discovery and the speculative nature of the application. The court recharacterized the request as a post-conviction motion for discovery in the criminal action. It affirmed a constitutional right to exculpatory information and found that where preserved evidence has high exculpatory potential, it should be discoverable. The court granted the petition, ordering the transfer of the physical evidence to Lifecodes, Inc. for DNA testing, emphasizing the importance of correcting potential miscarriages of justice.

DNA TestingPost-Conviction DiscoveryCPLR Article 78CPL Article 440Rape First DegreeExculpatory EvidenceBrady v MarylandDue ProcessForensic EvidenceRight to Fair Trial
References
31
Case No. 2025 NYSlipOp 06759
Regular Panel Decision
Dec 04, 2025

People v. Cipriani

Timothy Cipriani appealed his conviction for burglary, criminal mischief, and attempted petit larceny, stemming from a break-in at a restaurant where his DNA was found on a glove. The defendant's alibi defense, claiming he was with his girlfriend, was challenged by his parole officer's testimony regarding unreported travel. The Appellate Division, Third Department, affirmed the conviction, finding sufficient evidence, including the DNA and the jury's decision to discredit the alibi. The court also upheld the admissibility of the parole officer's rebuttal testimony and declined to reduce the sentence, citing Cipriani's extensive criminal history as a persistent felony offender.

Burglary Third DegreeCriminal Mischief Fourth DegreeAttempted Petit LarcenyDNA EvidenceAlibi DefenseRebuttal TestimonyParole OfficerPersistent Felony OffenderAppellate ReviewWeight of Evidence
References
29
Case No. 03-08-00585-CR
Regular Panel Decision
Jan 08, 2010

in Re Michael Wayne Morton

In 1987, Michael Wayne Morton was convicted of his wife's murder and sentenced to life imprisonment. In 2005, he sought forensic DNA testing of evidence under Chapter 64 of the Texas Code of Criminal Procedure, arguing it could undermine his conviction. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and fingerprint evidence, finding they did not meet Chapter 64 requirements. However, the court reversed the denial for a blood-stained bandana found near the crime scene, concluding that if exculpatory DNA results were obtained from it, Morton would likely not have been convicted. The case was remanded for further proceedings concerning the bandana.

DNA testingpost-conviction reliefforensic evidencemurder convictioncircumstantial evidenceexculpatory evidenceunknown intruderappellate reviewcriminal procedureTexas law
References
15
Case No. MISSING
Regular Panel Decision

Matter of Heaven A. A. (Tyrone W.--Stephanie A.)

The case addresses whether a Family Court can terminate a putative father's parental rights for abandonment without first establishing paternity. SCO Family of Services petitioned to terminate the parental rights of Stephanie A. and putative father Tyrone W. for abandonment of their child, Heaven. Tyrone W. disputed paternity and requested a DNA test, which the Family Court denied, proceeding to find abandonment. The appellate court reversed, holding that a Family Court must make a threshold factual determination of paternity, through DNA testing if requested, before ruling on abandonment to terminate parental rights. The court emphasized the potential negative stigma of an abandonment finding on an individual whose paternity has not been established.

Parental Rights TerminationAbandonmentPaternity DisputeDNA TestingFamily LawAdoption ConsentPutative Father RegistrySocial Services LawDomestic Relations LawAppellate Review
References
29
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