Calton, Allen F.
PD-0822-15
Tex. App.Jul 2, 2015Background
- Appellant Allen F. Calton challenges the trial court’s denial of a second post-conviction motion for forensic DNA testing under Tex. Code Crim. Proc. Ann. art. 64.01 et seq.
- Evidence proposed for testing includes a car front-seat cut, a slipper, and blood from Calton and the victim; the State conceded the evidence exists and no chain-of-custody issues were alleged.
- Calton previously had a trial in 2004 for attempted murder resulting in a life sentence; identity was argued at trial and later asserted as an issue in post-conviction motions.
- The trial court denied the 2013 motion for testing March 24, 2014, after findings of fact and conclusions; the court reviewed de novo because a different judge presided over the post-conviction proceeding.
- The court held that Calton bore the burden to show newer testing could yield more accurate results and that identity was at issue; Calton failed to show exculpatory results would have changed the outcome; the court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court appropriately denied DNA testing under Art. 64.01 et seq. | Calton contends newer DNA testing could exonerate him | State contends identity was not at issue and newer testing unlikely to alter outcome | Denial affirmed; no reversible error |
Key Cases Cited
- Bell v. State, 90 S.W.3d 301 (Tex.Crim.App. 2002) (DNA testing standards and probability of innocence)
- Rivera v. State, 89 S.W.3d 55 (Tex.Crim.App. 2002) (deference to trial court on historical facts; de novo review on ultimate issue)
- Wilson v. State, 185 S.W.3d 481 (Tex.Crim.App. 2006) (burden on movant; identity at issue)
- Dinkins v. State, 84 S.W.3d 639 (Tex.Crim.App. 2002) (requirement that movant show newer testing could yield more accurate results)
- Holberg v. State, 425 S.W.3d 282 (Tex.Crim.App. 2014) (preponderance standard for exculpatory effect of testing)
- Routier v. State, 273 S.W.3d 241 (Tex.Crim.App. 2008) (retreat to newer testing likely to yield exculpatory results under Article 64.01)
- Birdwell v. State, 276 S.W.3d 642 (Tex.App.—Waco 2008) (identity and testing burden considerations)