Holden v. State

in which KELLER, P.J., and MEYERS, KEASLER, HERVEY, and COCHRAN, JJ., joined.

The issue in this case is whether a trial court always errs by deciding a motion for new trial on the basis of affidavits when a party has requested a hearing. We hold that such a procedure is not always in error.

In this case, the basis of the motion for new trial was ineffective assistance of trial counsel. The appellant was the chief clerk for a constable of Harris County. Her responsibilities included issuing payroll checks and handling the accounts payable and receivable. An audit of the constable’s accounts…