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Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial
by Matt Clarke
In a case of first impression, the Court of Criminal Appeals of Texas held that granting a motion for new trial based solely on the ground that the “verdict is contrary to the law and evidence” is a finding of legal insufficiency of the evidence so that a ...
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More from this issue:
- Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums, by David Reutter
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, by Benjamin Tschirhart
- Database Containing 450,000 Records of NYPD Misconduct Now Available, by Douglas Ankney
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, by Douglas Ankney
- New Tool Used by Police to Improve Interviewing Skills, by Jordan Arizmendi
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, by Richard Resch
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, by Casey Bastian
- SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
- We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime, by Nisha Whitehead, John W. Whitehead
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, by Douglas Ankney
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
- ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants, by Jordan Arizmendi
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, by Douglas Ankney
- California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release, by Douglas Ankney
- American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, by Richard Resch
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
- Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element, by David Reutter
- How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
- Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’, by Douglas Ankney
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, by Douglas Ankney
- Digital Voiceprinting Is Not Ready for Court, by Anthony Accurso
- Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories, by Anthony Accurso
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025. Grounds for Appeal, Civil Rights Actions or Offenses/Bivens Actions.
- Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial, Dec. 15, 2021. Prosecutorial Misconduct, New Trial - Motions for.
- Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, Sept. 15, 2021. New Trial - Motions for.
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, March 15, 2021. New Trial - Motions for, Improper Comments.
- U.S. v. Aleo, No. 10-1569 (6th Cir.) (681 F.3d 290) (May 15, 2012) (Judge Danny J. Boggs), May 28, 2012. Punch And Jurists, Compelling Evidence.
- Eberhart v. U.S., No. 04-9949 (U.S. Supreme Court) (546 U.S. 12; 126 S.Ct. 403) (October 31, 2005) (Per Curiam), May 17, 2008. Punch And Jurists, New Trial - Motions for.
- U.S. v. Speed Joyeros, S.A., No. 00 CR 960 (JBW) (E.D.N.Y.) (204 F.Supp.2d 412) (May 9, 2002) (Judge Jack B. Weinstein), April 1, 2002. Punch And Jurists, Grounds for Appeal.
- U.S. v. Saborit, No. CR 96-4043-MWB (N.D.Iowa) (967 F.Supp. 1136) (June 23, 1997) (Judge Mark W. Bennett), Aug. 1, 1997. Punch And Jurists, New Trial - Motions for.
- U.S. v. Graciani, No. 94-1879 (1st Cir.) (61 F.3d 70) (July 24, 1995) (Judge Bruce M. Selya), Sept. 1, 1995. Punch And Jurists, New Trial - Motions for.
