Court of Criminal Appeals of Texas
Larry Ray Swearingen, Appellant v. the State of Texas
February 10, 20102010 Tex. Crim. App. LEXIS 9
Summary
The Texas Court of Criminal Appeals affirmed the trial court’s denial of the appellant’s third Chapter 64 motion for post‑conviction DNA testing, holding that he failed to meet the statutory burden of showing biological material, that additional testing of previously tested evidence would not add probative value, and that any alleged error in ignoring non‑DNA evidence was harmless.