Clarke v. State

OPINION

in which MEYERS, PRICE, WOMACK, JOHNSON and HOLCOMB, JJ., joined.

In this case, we clarify that a claim that the trial court erred in denying a motion for new trial is preserved for appellate review if the nature of the ground allegedly warranting the new trial is raised and litigated, without objection, at some point during the motion-for-new-trial proceedings.1 We therefore reverse the court *575of appeals, which had held that appellant failed to preserve the constitutional complaint he raised on appeal in two different ways: (1) by failing to include the specific ground in his written…