Whitmore v. State

REAVLEY, Special Judge,

concurring.

I join the four Judges in overruling the State’s motion for rehearing, but my decision is not based upon the Sixth Amendment to the United States Constitution. My decision is based upon the nature of the newly discovered evidence in this death case; it entitles appellant to a new trial.

The trial court overruled appellant’s motion for new trial because it was untimely filed. Article 40.05, V.A.C.C.P., provides that . . for good cause shown the time for filing or amending may be extended by the court . . . ” The sufficiency of the evidence of “good cause” is…