In re Luis Solis-Gonzalez (original per curiam)
Annotate this CaseRelator Luis Solis-Gonzalez was indicted by grand jury for capital murder. The State move for and was granted DNA testing of biological material that had been collected in the case. Because of the large number of pieces of biological material collected, the laboratory advised the trial court that it would be unable to complete testing on all pieces until June of 2015, nearly three years after relator was indicted. At a pretrial hearing, the State asserted that it had submitted all of the collected material (more than 200 samples), but argued that testing every sample was unnecessary and that the testing that had already been performed was sufficient. The defense asserted that Texas Code of Criminal Procedure art. 38.43 created an “absolute right to have all the evidence tested.” The trial court found that the defense response did not legally support further delay. Relator filed a motion for leave to file an emergency application for a writ of mandamus that would require that all biological material be tested. The Court of Criminal Appeals determined that the trial court has, in the absence of agreement by the State and defendant, the discretion to determine when all necessary biological evidence has been tested. Because it did not abuse that discretion when it ruled that further testing is unnecessary, the Court denied relief.
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