Cody v. State

Fletcher, Chief Justice.

Markell Cody was convicted of felony murder in the shooting death of Clarence Weaver.1 Cody appeals contending that the trial court erred in vacating its order granting a new trial. The trial court had granted the motion for new trial based upon newly discovered evidence and then upon the State’s motion for reconsideration, struck the testimony of the new witness and vacated its previous order. However, the State failed to object to the testimony of the witness or move to strike until after the trial court had granted the motion for new trial and entered a scheduling…