Prible v. State
A not-guilty plea from a capital-murder defendant does not sufficiently raise
the issue of identity to justify post-conviction testing for the
presence of a third party's DNA. Also, a defendant does not have the same right to present evidence of a third-party's
guilt in a post-conviction DNA proceeding as he does at trial. Although a defendant is entitled to present evidence of third-party
guilt at trial, that entitlement does not carry over into CCP Chapter
64 proceedings dealing with post-conviction DNA testing. A defendant
has no constitutional right to post-conviction DNA testing to determine
the presence of a third-party's DNA.
Prible v. State, AP-75,519.