Weems v. State

550 S.W.3d 776
CourtCourt of Appeals of Texas
DecidedApril 26, 2018
DocketNO. 14-17-00443-CR
StatusPublished
Cited by21 cases

This text of 550 S.W.3d 776 (Weems v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weems v. State, 550 S.W.3d 776 (Tex. Ct. App. 2018).

Opinion

John Donovan, Justice *778Pro se appellant Widener Michael Weems appeals the trial court's order denying his post-conviction motion for DNA testing. We affirm in part and dismiss in part.

I. Factual and Procedural Background

The factual background in this case was set forth by this Court on direct appeal as follows:

... H.P. Weems reported his father, Holmes Weems, missing. Shortly thereafter, investigators discovered Holmes Weems' vandalized and abandoned vehicle in a field. H.P. Weems gave investigators information that if anything bad had happened to his father, it would be at the hands of the Weems brothers, specifically appellant.1 Thereafter, investigators questioned appellant's wife, Emily Weems. Mrs. Weems told investigators appellant and his brother were responsible for murdering her father. After receiving her statement, an investigator allegedly drew up a probable cause affidavit and obtained a warrant for appellant's arrest. Thereafter, appellant was arrested and brought to the Brazoria County Sheriff's Department. That night, after he received and waived his Miranda rights, appellant made a written confession and directed officers to the location of Holmes Weems' body. The next morning, appellant accompanied officers to the exact location of the body, and, upon his return to the Sheriff's office, gave a videotaped statement about his involvement in the murder.

Weems v. State , 167 S.W.3d 350, 354 (Tex. App.-Houston [14th Dist.] 2005, pet. ref'd). A jury found appellant guilty of the offense of murder, and assessed punishment at life imprisonment. This Court affirmed appellant's conviction on direct appeal. Id. The Texas Court of Criminal Appeals refused discretionary review, and the United States Supreme Court denied his petition for writ of certiorari. Weems v.Texas , 547 U.S. 1135, 126 S.Ct. 2031, 164 L.Ed.2d 791 (2006).

Over the next ten years, appellant filed numerous petitions for writ of habeas corpus, in federal and state courts, all of which were denied. On December 7, 2016, appellant filed a request for appointment of counsel for DNA testing on the "fireplace tool" pursuant to Chapter 64 of the Code of Criminal Procedure, which was opposed by the State.2 On December 20, 2016, the trial court denied appellant's request as follows:

On this day came to be heard the Defendant's Request for Appointment of Counsel for DNA Testing. The Court takes judicial notice of the Court's File. Having reviewed the record, the Defendant's Motion and the State's Reply, the *779Court Finds the Defendant has failed to show reasonable grounds for the appointment of counsel under Article 64.01(c) of the Code of Criminal Procedure. The Court DENIES the Defendant's Request for Appointment of Counsel for DNA Testing.

Appellant appealed the denial of his request to this Court, which we dismissed for lack of jurisdiction. Weems v. State , No. 14-17-00021-CR, 2017 WL 1750129, at *1 (Tex. App.-Houston [14th Dist.] May 4, 2017, no pet.) (citing Gutierrez v. State , 307 S.W.3d 318, 323 (Tex. Crim. App. 2010) ).

On April 5, 2017, appellant filed a motion for DNA testing, which was opposed by the State. On May 22, 2017, the trial court denied appellant's motion as follows:

On this day came to be heard the Applicant's Motion for DNA Testing. Having reviewed the Court's file and the affidavit and document submitted, the Court Finds that the Applicant has failed to meet his burden under Art. 64.03 of the Code of Criminal Procedure to show, by a preponderance of the evidence, that he would not have been convicted if exculpatory results had been obtained through the DNA testing of the requested evidence. The Court DENIES the Applicant's Motion for DNA Testing.

Appellant timely filed this appeal.

II. Analysis

Appellant argues that the trial court erred in denying his request for: (1) a court-appointed attorney to assist him in obtaining post-conviction DNA testing; and, (2) post-conviction DNA testing. In a third issue, appellant complains of the indictment and jury charge in the original proceeding.

A. Standard of Review and Applicable Law

Chapter 64 of the Code of Criminal Procedure governs a convicted person's request for post-conviction forensic DNA testing and contains multiple threshold requirements that must be met before an applicant is entitled to such testing. See , e.g. , Tex. Code Crim. Proc. Ann. arts. 64.01 - 64.05. The convicted person bears the burden of satisfying all article 64.01 and 64.03 requirements. Wilson v. State , 185 S.W.3d 481, 484 (Tex. Crim. App. 2006).

Generally, we review a trial court's decision on a motion related to DNA testing under a bifurcated standard of review. Whitaker v. State , 160 S.W.3d 5, 8 (Tex. Crim. App. 2004). We afford almost total deference to the trial court's determination of issues of historical fact and issues of application of law to fact that turn on credibility and demeanor of witnesses. Rivera v. State , 89 S.W.3d 55, 59 (Tex. Crim. App. 2002). We review de novo other issues of application-of-law-to-fact questions that do not turn on the credibility and demeanor of witnesses. Id. Here, because the trial court did not conduct a live hearing, we review the trial court's denial of DNA testing de novo. See Smith v. State , 165 S.W.3d 361, 363 (Tex. Crim. App. 2005).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anthony Scott Brown v. the State of Texas
Court of Appeals of Texas, 2025
Durden v. Doyle
S.D. Texas, 2024
Charles Raymond Lee, Jr. v. the State of Texas
Court of Appeals of Texas, 2023
Mark Edward Jackson Jr. v. the State of Texas
Court of Appeals of Texas, 2022
Luzalbert Hernandez v. the State of Texas
Court of Appeals of Texas, 2022
Justin Edward Panus v. the State of Texas
Court of Appeals of Texas, 2022
in Re Luke Masood Arabzadegan
Court of Appeals of Texas, 2021
Benjamin Alan Morrison v. the State of Texas
Court of Appeals of Texas, 2021
William Charles Webb v. the State of Texas
Court of Appeals of Texas, 2021
Melvin Auston v. the State of Texas
Court of Appeals of Texas, 2021
Kristopher Kyle Russell v. the State of Texas
Court of Appeals of Texas, 2021
in Re Tom Robertson, Sr.
Court of Appeals of Texas, 2021
Monzelle Lavan Steptoe v. State
Court of Appeals of Texas, 2021
in Re Guadalupe Padilla
Court of Appeals of Texas, 2021
Rodney Gowans v. State
Court of Appeals of Texas, 2020
in Re Derek Rice
Court of Appeals of Texas, 2020
in Re Samuel Baker
Court of Appeals of Texas, 2020
Austin Taylor Copple v. State
Court of Appeals of Texas, 2020
Ronnie Joe Hendrick v. State
Court of Appeals of Texas, 2019
in Re Danny R Alejandro
Court of Appeals of Texas, 2019

Cite This Page — Counsel Stack

Bluebook (online)
550 S.W.3d 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weems-v-state-texapp-2018.