Paul Joseph Shoemaker v. the State of Texas

No. 13-25-00281-CR · Texas Court of Appeals, Thirteenth District, Corpus Christi–Edinburg · April 30, 2026 · No. 13-25-00281-CR

Summary

The Thirteenth Court of Appeals of Texas affirmed the denial of Paul Joseph Shoemaker’s motion for post-conviction DNA testing of a cigarette lighter. The court held that the trial court reasonably found insufficient evidence establishing a reliable chain of custody, particularly because the lighter was stored in an unmarked box with other evidence and its envelope bore undated, uninitialed tape. The court deferred to the trial court’s factual findings and overruled Shoemaker’s sole issue on appeal.

Holdings

  1. The trial court did not err in finding that the lighter had not been subjected to a chain of custody sufficient to establish that it was not substituted, tampered with, replaced, or materially altered; therefore, Shoemaker was not entitled to DNA testing under Texas Code of Criminal Procedure article 64.03(a)(1)(A)(ii).

Questions Presented

  1. Whether the trial court erred in denying Shoemaker's request for post-conviction DNA testing of the lighter because the statutory chain-of-custody requirement was not satisfied.

Disposition

affirmed

Cases Cited (9)

  • Shoemaker v. State, No. 13-04-149-CR, 2006 WL 2521626, at *1 (Tex. App.—Corpus Christi–Edinburg Aug. 31, 2006, pet. ref'd) (mem. op., not designated for publication)(followed for procedural history)
  • Reed v. State, 541 S.W.3d 759, 768-70 (Tex. Crim. App. 2017)(followed)
  • Muzzy v. State, No. 13-24-00217-CR, 2025 WL 635248, at *1 (Tex. App.—Corpus Christi-Edinburg Feb. 27, 2025, pet. ref'd) (mem. op., not designated for publication)(followed)
  • Holberg v. State, 425 S.W.3d 282, 285 (Tex. Crim. App. 2014)(followed)
  • Evans v. State, 628 S.W.3d 358, 362-64 (Tex. App.—Fort Worth 2021, no pet.)(followed)
  • Garcia v. State, No. 01-05-00718-CR, 2008 WL 2466211, at *4 (Tex. App.—Houston [1st Dist.] June 19, 2008), aff'd, No. PD-1039-08, 2009 WL 3042392 (Tex. Crim. App. Sept. 23, 2009)(followed)
  • Brewer v. State, No. 05-02-00136-CR, 2002 WL 31445286, at *2 (Tex. App.—Dallas Nov. 4, 2002, no pet.)(distinguished)
  • Larson v. State, 488 S.W.3d 413, 419 n.5 (Tex. App.—Texarkana 2016, pet. ref'd)(distinguished)
  • Druery v. State, 225 S.W.3d 491, 503-04 (Tex. Crim. App. 2007)(distinguished)

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