Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

DNA Testing and Aggravated Sexual Assault

Ex parte Napper was a case out of the Texas Criminal Appeals court where the applicant for Habeas Corpus was convicted of aggravated sexual assault and aggravated kidnapping.  Some of the evidence supporting the convictions involved DNA testing conducted by the Houston Police Department Crime Lab.  After widespread problems were discovered with the HPD Crime Lab, the present case was subjected to further investigation, including additional DNA testing.  Applicant's writ was based upon this further investigation.  The applicant alleged, among other things, that agents of the State consumed the entire DNA sample in bad faith, that a state witness perjured himself or gave false testimony, and that defense counsel was ineffective for failing to discover the problems with the lab's testing and its analysis of test results.

The court held that despite the problems with the lab, the applicant's claims were without merit.  In a lengthy analysis, the court of criminal appeals determined that the applicant's trial attorney's performance was deficient because he failed to conduct a proper investigation, and did not ask for a DNA expert.  However, the CCA found that the applicant failed to meet the prejudice prong of Strickland

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions