James Dwayne Crowley v. the State of Texas

Summary

The Ninth Court of Appeals of Texas dismissed James Dwayne Crowley’s appeal for lack of jurisdiction. The court held that an order denying appointment of counsel for post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure is interlocutory and not appealable, while noting that Crowley’s request for disclosure of DNA profiles and test data remained pending in the trial court.

Holdings

1. An order denying a motion for appointment of counsel is not an appealable order under Texas Rule of Appellate Procedure 25.2(a)(2), unlike a final order denying a motion for DNA testing under Texas Code of Criminal Procedure article 64.01.
2. Because the challenged order was interlocutory and not appealable, the court of appeals lacked jurisdiction and dismissed the appeal.

Questions Presented

1. Whether an order denying appointment of counsel for purposes of pursuing post-conviction DNA testing under Chapter 64 is an appealable order.
2. Whether the court of appeals had jurisdiction over an appeal from that interlocutory order.

Disposition

dismissed