Raby, Charles Douglas

• Court: Court of Appeals of Texas
• Decided: April 29, 2015
• Docket: AP-76,970
• Status: Published

Opinion

AP-76,970 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/28/2015 5:13:39 PM April 29, 2015 Accepted 4/29/2015 8:50:37 AM ABEL ACOSTA No. AP-76,970 CLERK

In the Court of Criminal Appeals of Texas At Austin 

No. 9407130 In the 248th District Court Of Harris County, Texas 

CHARLES D. RABY Appellant V. THE STATE OF TEXAS Appellee 

STATE’S MOTION TO PUBLISH



TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, by and through the undersigned

Assistant District Attorney, in accordance with Rules 10.1(a) and 47.2(b) of the

Texas Rules of Appellate Procedure, and files this motion to publish, and, in

support thereof, presents the following:

1. In the 248th District Court of Harris County, Texas, cause number

9407130, the appellant was convicted of capital murder in The State of Texas v.

Charles D. Raby.

Page 1 of 4 2. Based on the jury’s answers to the special issues, the trial court

sentenced the appellant to death.

3. On March 4, 1998, the Court of Criminal Appeals affirmed the

appellant’s capital murder conviction. Raby v. State, 970 S.W.2d 1 (Tex. Crim.

App. 1998).

4. On January 31, 2001, the Court of Criminal Appeals denied relief on

the appellant’s initial state habeas petition, cause number 9407130-A, adopting the

trial court’s findings of fact and conclusions of law. Ex parte Raby, No. 58,131-

01 (Tex. Crim. App. Jan. 31, 2001)(not designated for publication).

5. On June 29, 2005, the Court of Criminal Appeals overruled the trial

court’s denial of the appellant’s Chapter 64 motion for DNA testing on appeal,

granting the motion as to specific items of evidence. Raby v. State, No. AP-74,930

(Tex. Crim. App. June 29, 2005)(not designated for publication).

6. On January 11, 2013, the trial court entered findings concluding that

the results of the Chapter 64 DNA testing were not favorable to the appellant.

7. On April 22, 2015, in an unpublished opinion, the Court of Criminal

Appeals overruled the appellant’s points of error and affirmed the trial court’s

findings that the results of the post-conviction DNA testing were not favorable to

the appellant. Raby v. State, No. AP-76,970 (Tex. Crim. App. Apr. 22, 2015)(not

designated for publication).

Page 2 of 4 8. The State respectfully requests that the Court of Criminal Appeals’

April 22, 2015 opinion be published under Rule 47.4 of the Texas Rules of

Appellate Procedure. If published, this Court’s opinion would provide crucial

guidance for Texas courts in examining and determining the favorability of

Chapter 64 post-conviction DNA testing results.

WHEREFORE, the State respectfully prays that the Court of Criminal

Appeals grant the foregoing motion to publish the April 22, 2015 opinion in the

instant case, and will publish the opinion in its entirety.

Respectfully submitted,

/s/ LYNN P. HARDAWAY Assistant District Attorney Harris County, Texas 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-6657 Fax Number (713) 755-5809 Hardaway_Lynn@dao.hctx.net State Bar Number: 08948520

Page 3 of 4 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has

been mailed to Sarah M. Frazier, appellant’s attorney of record, at the following

address on April 25, 2015:

Sarah M. Frazier Berg & Androphy 3704 Travis Street Houston, Texas 77002 sfrazier@bafirm.com

/s/ Lynn P. Hardaway Assistant District Attorney Harris County, Texas 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-6657 Fax Number (713) 755-5809 Hardaway_Lynn@dao.hctx.net State Bar Number: 08948520

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