(Download) "Robert Lee Dugard v. State Texas" by First District, Houston Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Robert Lee Dugard v. State Texas
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 17, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
On appeal appellant advanced three grounds of error. He contended the trial court erred in failing to afford him a hearing on his motion for new trial where it was shown by a jurors affidavit that the jurors discussed the parole law, that the court erred in overruling his motion when it was shown by affidavit that the parole law was discussed and one juror was influenced and voted for harsher punishment denying him a fair and impartial trial. The Houston Court of Appeals (1st Dist.), after reviewing the circumstances, decided that it was unlikely the affidavit, without more, would have resulted in the granting of a new trial citing Munroe v. State, 637 S.W.2d 475 (Tex.Cr. App. 1982), but speculated that on a hearing, evidence could be offered warranting a new trial on the grounds of jury misconduct. Upon the authority of Article 44.24(b), V.A.C.C.P., that the appellate court "may enter any other appropriate order as the law and nature of the case may require" the Court of Appeals abated the appeal and remanded the cause to the trial court for a belated hearing on the motion for a new trial.