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BIRDWELL v. STATE

No. 10-07-00232-CR.

276 S.W.3d 642 (2008)

Vaughn BIRDWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

December 17, 2008.

Attorney(s) appearing for the Case

Vaughn Birdwell, Gatesville, pro se.

John W. Segrest, McLennan County Dist. Atty., Waco, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

This is an appeal of the trial court's denial of a postconviction motion for forensic DNA testing.

Background

Vaughn Birdwell was convicted of murder and sentenced to life in prison in January of 1996. The murder involved the violent stabbing death of Irene Mitchell, Birdwell's former girlfriend. Birdwell appealed, arguing that he was denied his constitutional right to be tried by a jury of twelve peers because...

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