Caddie v. State

A jury convicted appellant Michael Joseph Caddie of aggravated sexual assault in 1985, and assessed punishment at 70 years confinement. Our court affirmed Caddies conviction. Caddie v. State, No. 01-86- 00010-CR, 1986 WL 10215 (Tex. App.-Houston [1st Dist.] Aug 14, 1986, no pet.) (not designated for publication). In November 2002, Caddie moved in the trial court for post-conviction DNA testing, pursuant to Chapter 64 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. arts. 64.01-64.05 (Vernon Supp. 2004). The trial court denied Caddies motion. Caddie appeals the order denying his motion for forensic DNA testing, contending that the denial violates his constitutional right to confront witnesses and to due process of law. He further contends that the trial court erred in considering affidavits offered in support of the States response to his motion. We conclude that the trial court properly denied Caddies motion, and therefore affirm the order.