Gregory McCain v. State
02-15-00469-CR
| Tex. App. | Aug 26, 2016Background
- Gregory McCain pleaded no contest to aggravated assault with a deadly weapon in 1999 and received deferred adjudication, which was later revoked; he was adjudicated guilty and sentenced to 20 years.
- McCain has repeatedly sought postconviction DNA testing; this appeal concerns his fourth motion, denied December 2, 2015.
- Trial court adopted the State’s proposed findings that no evidence containing biological material exists or was ever in the possession of the White Settlement Police Department.
- McCain admits in his brief that "there was never any evidence in this case" and does not identify specific material still in existence to be tested (though he references the weapon in earlier filings).
- The trial court declined to appoint counsel and denied testing because the alleged DNA evidence did not exist in a condition permitting testing; McCain appealed solely the denial of DNA testing.
Issues
| Issue | McCain's Argument | State's Argument | Held |
|---|---|---|---|
| Whether evidence exists and is in condition for postconviction DNA testing | McCain requests DNA testing (generally argues evidence should be tested; references weapon) | No evidence containing biological material was collected or exists for testing | Trial court found no such evidence exists; appellate court affirmed |
| Whether an evidentiary hearing was required to determine existence of evidence | McCain implies issues concerning evidence preservation/tampering warrant review | Trial court relied on affidavits and records to find no evidence; no hearing required | Court held determination may be made without evidentiary hearing and deferred to trial court findings |
| Whether appellate court may review collateral challenges to conviction under DNA-testing appeal | McCain raises broader sufficiency and prosecutorial-misconduct claims | State argues appeal limited to DNA-testing statutory scope (existence/condition of evidence) | Court declined to address collateral attack claims as beyond chapter 64 scope |
| Whether counsel appointment required for DNA motion appeal | McCain sought counsel appointment after motion denial | State argued no reasonable grounds for appointment because no evidence exists | Trial court declined to appoint counsel; appellate court affirmed due to lack of grounds |
Key Cases Cited
- Routier v. State, 273 S.W.3d 241 (Tex. Crim. App. 2008) (standard of review for trial court findings in DNA testing requests)
- Rivera v. State, 89 S.W.3d 55 (Tex. Crim. App. 2002) (deference to trial court on existence/condition of evidence)
- Lewis v. State, 191 S.W.3d 225 (Tex. App.—San Antonio 2005) (affidavit testimony that no biological evidence is maintained can support denial of DNA testing)
- Shannon v. State, 116 S.W.3d 52 (Tex. Crim. App. 2003) (affidavits may suffice to show absence of testable biological evidence)
- Reger v. State, 222 S.W.3d 510 (Tex. App.—Fort Worth 2007) (chapter 64 does not authorize collateral attack on conviction beyond DNA-testing scope)