Green v. State

The appellant did not serve a copy of his motion for new trial on the State, did not obtain a setting for a hearing thereon and secured no determination of his motion for new trial by the trial court, thus permitting the motion to be overruled by operation of law as expressly provided by the mandatory statute then in effect.1 Like a trial objection to which a defendant secured no ruling, any error is waived.2

Today’s majority, in an unprecedent move, now orders the trial court to conduct a hearing on a portion of the motion for new trial almost three years after the fact. And this, despite the…