The state plans to challenge a ruling that a man serving two life sentences for two murders can have DNA testing in one case.
Roger Fain Jr. was serving a life sentence for murder in Lovelady, Texas, about 200 miles southeast of Fort Worth, when authorities linked him to a separate slaying.
A jury convicted Fain in 2007 of killing 41-year-old Linda Donahew and he was handed another life sentence.
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The Second Court of Appeals said in an opinion earlier this month that Fain can have DNA found on Donahew's clothing tested.
The ruling says that the jury may not have convicted Fain if DNA evidence had excluded him.
According to the Fort Worth Star-Telegram Tarrant County has had two cases overturned because of DNA testing since 2001.