Has anyone tried to limit the scope of a post-conviction DNA hearing? Shouldn't the hearing to determine whether the post-conviction DNA tests are favorable or not favorable be limited to the test results and the record? Should the defendant be allowed to present new fact witnesses to bolster his position at the hearing? We are currently dealing with this question and feel like new fact witnesses might be inappropriate. That seems better suited for a motion for new trial. Has anyone else dealt with this? Help!

Try citing to the enabling legislation to Article 64.
The act provides that a favorable finding in a Chapter 64 proceeding was legally unavailable for purposes of 11.07 �4 or 11.071 �5. Presumably, then, Chapter 64 is only the first step in challenging a conviction.

Chapter 64 just provides the procedure to obtain DNA testing. It provides no mechanisim to overturn a conviction. Article 11.07/1 are still the exclusive means to challenge a final conviction. See art 11.07 �5 ("After conviction the procedure outlined in this Act chall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prison.")

So, if your concern is that defense counsel is attempting to tear into the entire conviction, suggest that those claim must be addressed by the CCA, not on the coattails of a DNA motion.

Jeff Garon