Blacklock v. State
In Blacklock v. State, 235 S.W.3d 231 (Tex. Crim. App. 2007), the appellant was convicted of aggravated robbery and aggravated sexual assault. Years later, the appellant filed a motion for DNA testing, which the trial court denied based on its finding that appellant had failed to show identity was or is an issue in the case.
On appeal, the Corpus Christi Court of Appeals affirmed after determining identity was not an issue because the victim testified at trial "that she knew appellant and that he had robbed and sexually assaulted her." Id. at 232.
The Court of Criminal Appeals reversed, holding that the victim's testimony that she knew the appellant and identified him as her attacker was not relevant to whether the motion for DNA testing made his identity an issue. Id.
The Court of Criminal Appeals held that a defendant can make identity an issue by showing that exculpatory DNA tests, which exclude him as the donor, would prove his innocence, even when the defendant has pled guilty, thereby conceding the issue of identity at trial. Id. at 232-33.