State v. Holloway
329 S.W.3d 247
| Tex. App. | 2010Background
- Holloway was convicted in 2002 for manslaughter with a knife as the deadly weapon.
- DNA testing of the knife was granted by the trial court on April 29, 2009.
- A February 25, 2010 hearing under Article 64.04 occurred; the court granted Holloway a new trial and set bond.
- The State timely appeals the new-trial order but seeks to appeal the DNA-testing order as well.
- The trial court issued findings that there was a reasonable probability Holloway would not have been convicted with exculpatory DNA results.
- The Court of Appeals later held the trial court lacked jurisdiction to grant a new trial and dismissed the DNA-testing-appeal issue, then remanded for collection of the remainder of Holloway’s sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal from the DNA-testing order | State contends Morton governs timely appeal | Holloway contends no timely appeal from April 29, 2009 order | No timely appeal from April 29, 2009 order; dismissed that portion |
| Court's authority to grant a new trial after final judgment | State argues trial court erred in law | Holloway asserts court had authority | Trial court had no jurisdiction to grant a new trial; order vacated |
| Sufficiency of Article 64.04 finding of probable innocence | DNA results would show innocence; finding was proper | Negative DNA on knife does not prove innocence | Finding insufficient; de novo review shows no reasonable probability of innocence; remand for sentence capias |
Key Cases Cited
- In re Morton, 326 S.W.3d 634 (Tex.App.-Austin 2010) (timing governs appeal of DNA-testing orders; distinguishable facts; dicta on final-order rule not controlling here)
- State v. Young, 242 S.W.3d 926 (Tex.App.-Dallas 2008) (authority on appealability of DNA-testing orders)
- Rivera v. State, 89 S.W.3d 55 (Tex.Crim.App.2002) (DNA testing cannot conclusively prove innocence; negative results may not exonerate)
- Kutzner v. State, 75 S.W.3d 427 (Tex.Crim.App.2002) (negative DNA does not prove innocence; guidance on DNA testing impact)
- Thompson v. State, 95 S.W.3d 469 (Tex.App.-Houston [1st Dist.] 2002) (negative DNA may not overcome other guilt evidence)
- Ex parte Tuley, 109 S.W.3d 388 (Tex.Crim.App.2002) (DNA testing does not by itself grant relief; use art. 11.07/11.071 for innocence)
- Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App.1996) (timeliness necessary to invoke appellate jurisdiction)