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 Texas Court of Criminal Appeals reversed the conviction for murder and entered an acquittal, holding that canine scent‑lineup evidence alone is legally insufficient to support a murder conviction. The court applied the Jackson v. Virginia standard of legal sufficiency and found the prosecution’s evidence raised only suspicion. Justice Cochran filed a concurring opinion agreeing with the majority.