Court of Criminal Appeals of Texas

Curtis Wayne Pope, Jr., Appellant v. the State of Texas

November 15, 20062006 Tex. Crim. App. LEXIS 2235

Summary

The Court of Criminal Appeals affirmed the lower court's judgment, holding that the identity, qualifications, and the fact that the defense expert Dr. Robert Benjamin reviewed the State's DNA reports were not protected by the attorney work‑product doctrine and therefore did not violate the Sixth Amendment; any error was non‑constitutional and harmless. The Court noted a concurring opinion by Justice Johnson, which argued the trial court erred in admitting the evidence and that the error was not harmless.