Richard William Kutzner, Appellant v. the State of Texas

Summary

The Court affirmed the conviction and death sentence, holding that a Chapter 64 DNA testing appeal is a "criminal case" within the Court of Criminal Appeals' jurisdiction and that Article 64.05 authorizes review of the convicting court's determinations under Article 64.03, including the statutory‑law conclusions. The Court found the appellant had not met the preponderance standard for either the reasonable‑probability or delay prongs of Article 64.03(a)(2) and therefore upheld the denial of DNA testing. Separate concurring opinions agreed with the judgment but disagreed with the majority's statutory constructions.