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STATE v. HOLLOWAY

No. 06-10-00033-CR.

329 S.W.3d 247 (2010)

The STATE of Texas, Appellant, v. Danny Lee HOLLOWAY, II, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 10, 2010.

Attorney(s) appearing for the Case

Gary D. Young , Dist. Atty., Wm. H. Harris , Asst. Dist. Atty., Paris, TX, Jeffrey W. Shell , Atty. and Counselor at Law, Rockwall, TX, for appellant.

John Stickels , Arlington, for appellee.

Before CARTER, MOSELEY, and MILLER, JJ.

OPINION

Opinion by Justice CARTER.

I. Introduction

DNA testing done seven years after the conviction of Danny Lee Holloway, II, for manslaughter showed the victim's blood was not on the knife allegedly used as the deadly weapon. As a result, the trial court concluded Holloway probably would not have been convicted had that evidence been available at trial, and granted Holloway a new trial. We find that conclusion is not supported by evidence and...

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