We've been inundated in frivolous post-conviction DNA requests. A number of granted tests have come back confirming the identity of the defendants, ususally in the range of 1 in X trillion, etc.

What about a new offense that makes it a 3rd degree felony if your post conviction DNA test confirms that you committed the crime?

Why isn't it aggravated perjury?

Our experience so far has been that compliance with Article 64.01(a) has been sketchy, making it difficult to craft a perjury charge. We are pursuing some in that vein.

Doesn't the affidavit, at a minimum, have to make a statement of innocence? That should be pretty clearly false based on DNA that matches. Or, you could ask the judge to have the defendant supplement the affidavit with additional details before making a reply. Or, you could give the defendant a hearing and have him testify.

We just got one of these recently. Is there a resident Guru around these parts whom I may call and ask a few questions?

I think he posted a remark right above yours, Philip ...

For advice, call Doug Arnold at 512-943-1234. He handles the DNA motions for our office.

Philip, we've worked on about 300 of 'em here in Dallas. 214-653-3625.

Thank you. I'm in Jury Trial next week, so I believe the other assistant in our office will be handling this matter now. I'll forward those two numbers on to him.