Court of Criminal Appeals of Texas

Charles Elvin Whitaker, Appellant v. the State of Texas

January 14, 20042004 Tex. Crim. App. LEXIS 3

Summary

The Court of Criminal Appeals affirmed the trial court's denial of Whitaker's motion for forensic DNA testing. It held that the trial court properly applied Article 64.03, was not required to hold a hearing, and correctly found that Whitaker failed to show a reasonable probability that exculpatory DNA results would have prevented his prosecution.