Court of Criminal Appeals of Texas

Billy James Smith, Appellant v. the State of Texas

June 15, 20052005 Tex. Crim. App. LEXIS 912

Summary

The Court held that the trial court and Court of Appeals erred by failing to consider the judicially noticed trial record when evaluating Smith's Chapter 64 motion for DNA testing. Applying a de novo standard, the Court found that the record demonstrated a preponderance that favorable DNA results would have prevented Smith's conviction and therefore reversed the appellate decision, remanding for DNA testing.