"[E]ven if we were to order that all the evidence be retested, and all the results were consistent with appellant's theory (that the tests would show an additional perpetrator was involved in the crime), appellant could not meet his burden of establishing, by a preponderance of the evidence, that a reasonable probability exists that he would not have been convicted of murder in the course of kidnapping."
January 30, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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