Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Yarbrough v. State - 10th COA

The court did not err by denying the defendant's request for post-conviction DNA analysis and by denying his motion for a bench warrant so he could participate in the DNA hearing. The defendant failed to prove beyond a reasonable doubt that he would not have been convicted if exculpatory DNA results were obtained because the record contains sufficient other evidence connecting the defendant to the crime as a party. A defendant has no right to be at a hearing for post-conviction DNA testing because it is a collateral proceeding. Yarbrough v. State, 10-07-00024-CR [1].

Source URL: http://www.tdcaa.com/node/2356

Links:
[1] http://www.10thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=8828