Texas v. Zalman (Original)
Annotate this CaseThe appellee was convicted of driving while intoxicated, and he timely filed a motion for new trial. The motion stated, in relevant part, that the appellee was requesting a new trial, in the interest of justice, because the verdict was contrary to the law and the evidence. The judge recused himself because the appellee had donated to his campaign, and a visiting judge was appointed to hear the motion. While the appellee's counsel was in the visiting judge's home courtroom and while no representative of the State was present, the judge requested that both parties file memoranda of law on the motion. No one informed the State of the judge's request. The day before the hearing appellee filed a "memorandum of law" in support of his motion. During the hearing, the State strenuously objected to the appellee's memorandum of law on the grounds that it was an untimely amendment to the appellee's motion for new trial and alleged new grounds. The State further argued that the original motion, standing alone, was not sufficient to put the State on notice that pretrial matters would be argued. Counsel for appellee responded that one of the grounds in the original motion (that the verdict was contrary to the law and the evidence) was a sufficient pleading because it encompassed the evidentiary issues. Counsel said that the memorandum was not an amendment to the motion but merely a more detailed argument as requested by the judge. The judge overruled the State's objections and allowed the hearing to proceed. The appellee argued only that the verdict was "contrary to the law and the evidence" because of the suppression issues. At the end of the hearing, the trial court granted a new trial. The issue before the Supreme Court in this case involved the test in "State v. Herndon" for reviewing granted motions for new trial. A trial court generally does not abuse its discretion if the defendant (1) sets forth a specificˇand valid legal ground for relief in their motion, (2) points to evidence in the record (or sets forth evidence) that substantiates the same legal claim, and (3) shows prejudice under the harmless-error standards of the Rules of Appellate Procedure. In this case, the appellee did not present evidence of the same claim that was raised in his motion, and the State properly objected. Consequently, the Court held that the trial court abused its discretion in granting the appellee's motion and that the Court of Appeals erred in affirming.
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