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 held that the trial court's denial of an independent DNA expert is not reviewable under Article 64.05 because it does not fall within the scope of Articles 64.03 or 64.04, and therefore dismissed the appeal. The Court emphasized a plain‑text interpretation of the statute and noted that the legislature had not authorized such appeals at the time of the motion. Justice Keasler filed a concurring opinion criticizing the majority's reliance on legislative history. The appeal was dismissed.