Court of Criminal Appeals of Texas
Bryan Eric Wolfe, Appellant v. the State of Texas
November 12, 20032003 Tex. Crim. App. LEXIS 826
Summary
The Court of Criminal Appeals held that the trial court's denial of an independent DNA expert is not appealable under Article 64.05 because the statute authorizes appeal only of findings under Articles 64.03 or 64.04. Accordingly, the appellant's appeal was dismissed, affirming the lower court's decision. Justice Keasler, in a concurring opinion, criticized the majority's reliance on legislative history and reiterated the plain‑meaning rule.