Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory
The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.