Cravin v. State
In Cravin v. State, 95 S.W.3d 506, 509 (Tex. App.--Houston [1st Dist.] 2002, pet. ref'd), the Court determined that no evidentiary hearing is required in considering whether DNA evidence exists and that the State's written response need not be accompanied by affidavits. Cravin, 95 S.W.3d at 509.
Rather than an evidentiary hearing, Chapter 64 specifically contemplates a post-conviction proceeding with submission of affidavits from the applicant and a written response from the State. TEX. CODE CRIM. PROC. ANN. arts. 64.01(a), 64.02(2)(B) (Vernon Supp. 2004-2005).
Because the State is not required to file affidavits with its response to an applicant's motion for post-conviction DNA testing, the convicting court may reach a decision based solely on the convicted person's motion and affidavit and the State's response. Cravin, 95 S.W.3d at 509.