Roy Dale Glover v. State, 445 S.W.3d 858

Appellant Roy Dale Glover was convicted of capital murder of Roger Coberly.
Post-conviction DNA testing was sought for a towel found in a bag in Coberly’s car; trial court found no reasonable probability of a different outcome.
DNA on the towel showed major contributor as Coberly; minor contributor unidentified, with Sharp excluded.
Shuman testified about the events and items in the bag, including a lead pipe and towel; evidence placed Appellant at the scene.
The towel belonged to Shuman before Appellant took it; various blood spots on the towel were analyzed; the autopsy showed a blunt-force head injury.
Appellant’s motion for further DNA testing led to findings that the post-conviction results did not alter trial assertions and that there was substantial evidence tying Appellant to the crime; the appellate court ultimately affirmed the trial court’s ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether post-conviction DNA testing created a reasonable probability of acquittal	Glover contends the minor contributor exclusion would undermine conviction	State argues results do not cast doubt on the conviction	Not met; no reasonable probability of acquittal based on post-conviction DNA

Kutzner v. State, 75 S.W.3d 427 (Tex. Crim. App. 2002) (DNA testing standard evolving with statute; 51% probability standard)
Smith v. State, 165 S.W.3d 361 (Tex. Crim. App. 2005) (statutory shift; 51% probability threshold for proving would-not-be-convicted)
Gutierrez v. State, 337 S.W.3d 883 (Tex. Crim. App. 2011) (favorable DNA must affirmatively cast doubt on conviction)
Rivera v. State, 89 S.W.3d 55 (Tex. Crim. App. 2002) (de novo review on ultimate application-of-law-to-fact questions)
Holloway v. State, 360 S.W.3d 480 (Tex. Crim. App. 2013) (earlier standard for reviewing DNA-motion findings)
Whitfield v. State, 430 S.W.3d 405 (Tex. Crim. App. 2014) (Whitfield II superseded Holloway on appellate review of DNA-testing motions)