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.