Oldham v. State

I.Procedural background of the case.

The Court of Appeals held that Appellant was denied her right to counsel during the time in which to file a motion for new trial. Oldham v. State, 889 S.W.2d 461, 462-63 (Tex.App.-Houston [14th DistJ 1994). The Court of Appeals used Rule 2(b) to suspend that time period, and the court remanded the case to the trial court so Appellant could file a motion for new trial. Id. at 463.

The State’s petition for discretionary review raised two grounds for review:

1. Whose burden is it to show that an appellant was or was not abandoned by counsel during a critical…