Is anyone dealing with Chapter 64 appeals yet? Chapter 64 is the post-conviction DNA testing statute. We are currently handling several such cases on direct appeal, including an appeal of our own. We are struggling with standards of review. The few cases considering Chapter 64 appeals seem to apply de novo review. On the other hand, should abuse of discretion apply because the trial court is making a clear factual determination? Any thoughts would be appreciated.

Thanks - Kate Calvert, Dallas County