Court of Criminal Appeals of Texas

Richard Lynn Winfrey, Appellant v. the State of Texas

September 22, 20102010 Tex. Crim. App. LEXIS 1167

Summary

The Court of Criminal Appeals reversed the conviction and entered an acquittal because the evidence, including a dog‑scent lineup, appellant's statements, and hearsay from a cellmate, was legally insufficient to support a murder conviction. A concurring opinion joined the majority, noting that even if the dog‑scent testimony were admissible under Rule 702, it remains insufficient.