Alford v. State

Without discussing the 1986 change in the grounds for motions for new trial based on newly discovered evidence and citing two cases decided before that change, the majority has affirmed a denial of a motion for new trial which I believe met the revised standard.1

Article 40.03 of the Code of Criminal Procedure, as it existed prior to 1985, provided in part:

*843New trials, in cases of felony, shall be granted the defendant for the following causes, and for no other:(6) Where new evidence material to the defendant has been discovered since the trial. A motion for new trial on this ground shall be…