In re Birdwell
393 S.W.3d 886
| Tex. App. | 2012Background
- Birdwell convicted of first-degree murder for Irene Mitchell’s stabbing in Jan. 1996 and affirmed on direct appeal (1997); identity not an issue and no DNA testing conducted at trial.
- Post-conviction history spans numerous filings: habeas corpus (1998), multiple DNA-testing motions (2001–2011), mandamus petitions in this Court and the Court of Criminal Appeals.
- By 2011, the court held identity was not solely based on trial admission and DNA testing under prior Chapter 64 was unavailable or not probative; Birdwell not entitled to post-conviction testing.
- Birdwell filed a tenth mandamus seeking sealed testimony from the trial for DNA testing; the record lack of sealed testimony, and the court’s role is to rule on pending motions, not determine merits.
- The court denounced the repetitive, frivolous filings, refused mandamus relief, and signaled potential sanctions for abuse of process; concurrence noted no rape allegation and clarified statutory amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| entitlement to mandamus to disclose sealed DNA testing testimony | Birdwell argues mandamus should force disclosure | State contends no record supports disclosure | Denied |
| entitlement to DNA testing under Chapter 64 given identity not solely proven by admission | Birdwell claims entitlement to testing | State argues statute limits relief to appropriate identity issues | Denied |
| court should sanction Birdwell for abuse of the legal process | Birdwell seeks relief through numerous motions | Court should curb frivolous petitions | Warning issued; no immediate sanctions in this decision |
Key Cases Cited
- Ex parte Suhre, 185 S.W.3d 898 (Tex.Crim.App. 2006) (successive-motions framework; abuse of process considerations)
- State ex rel. Young v. Sixth Judicial Dist. Court of Appeals, 236 S.W.3d 207 (Tex.Crim.App. 2007) (mandamus scope limited to ruling on pending motions)
- State ex rel. Curry v. Gray, 726 S.W.2d 125 (Tex.Crim.App. 1987) (mandamus relief and standard of review for abuse of discretion)
- In re Birdwell, 224 S.W.3d 864 (Tex.App.-Waco 2007) (mandamus proceeding addressing DNA-testing procedures)
- Birdwell v. State, 276 S.W.3d 642 (Tex.App.-Waco 2008) (identity not at issue; DNA testing denial affirmed)