Raby v. Texas (original by judge meyers)
Annotate this CaseAppellant was convicted of capital murder and sentenced to death. Appellant filed a motion for post-conviction DNA testing pursuant to Code of Criminal Procedure Chapter 64, which the trial court denied. The Court of Criminal Appeals overruled the trial court’s denial of Appellant’s motion. After the victim’s underwear and fingernail clippings were tested, the trial court heard testimony from experts regarding the DNA test results, and concluded that the results of the post-conviction DNA testing were not favorable to Appellant. On automatic appeal to the Court of Criminal Appeals, Appellant argued: (1) the district court erred in applying a proof of innocence standard to its determination under Article 64.04, instead of determining whether, more likely than not, at least one juror would find that reasonable doubt existed in this case, if the new DNA evidence was available; (2) the district court erred in holding that no juror would harbor a reasonable doubt in this or any case involving a claimed confession and an unkept home, where testing showed that one or more people (not Appellant) left blood and DNA under the decedent’s long, blood-caked fingernails; and (3) the district court erred in excluding important forensic and other evidence not relating directly to DNA testing bearing on the strength of the new evidence. Finding no reversible error, the Court of Criminal Appeals affirmed the findings of the trial court.
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