Robert Lee Dugard v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the lower appellate court's decision and remanded the case for further consideration of the appellant's three asserted errors concerning the motion for new trial. It held that the trial court correctly denied the motion because it was untimely, unverified, and lacked a supporting affidavit, and that the appellate court erred in abating the appeal and ordering a hearing. The Court affirmed that the statutory requirements of Article 40.05, V.A.C.C.P. were not satisfied. Justice Clinton dissented on jurisdictional grounds and Justice Teague concurred, emphasizing the finality of the appellate decision.