Court of Criminal Appeals of Texas
State of Texas v. Jesse Joe Patrick, Appellee; State of Texas Ex. rel. Bill Hill, Relator, v. Honorable Karen…
September 11, 20022002 Tex. Crim. App. LEXIS 148
Summary
The Court held that the trial court lacked jurisdiction to order DNA testing when the statutory requirements of Chapter 64 were not met, vacated that order, and granted the State a writ of mandamus (withheld issuance pending compliance). The State's appeal was dismissed. Justice Cochran dissented, arguing the order was not clearly beyond dispute, while Justice Hervey concurred with the majority.