IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-46,210-11

EX PARTE MICHAEL GARRETT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. F-9320131-SV FROM THE

292^ND DISTRICT COURT OF DALLAS COUNTY

           Alcala, J., filed a concurring statement.

CONCURRING STATEMENT

           I agree with this Court that Michael Garrett, applicant, has failed to properly raise his claim for a writ of habeas corpus under Texas Code of Criminal Procedure Article 11.073 because his writ application for retesting of DNA does not involve “relevant scientific evidence” that contradicts prior science. See Tex. Code Crim. Proc. art. 11.073. Instead, applicant’s claim should be raised on the basis of our DNA-testing statute, Chapter 64. See id. art. 64.01(b)(2) (allowing DNA testing of materials previously tested where possible “with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative”). With this comment, I join the Court’s disposition.

Filed: May 7, 2014

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