Court of Criminal Appeals of Texas

Troy Lynn Jordan Aka Troy Lynn Jordon, Appellant v. the State of Texas, Appellee

April 27, 1994883 S.W.2d 664

Summary

The Court of Criminal Appeals affirmed the lower Court of Appeals, holding that the trial judge did not abuse discretion in refusing to hold a hearing on the appellant's motion for new trial because the supporting affidavit was conclusory and failed to show reasonable grounds of ineffective assistance. The Court relied on Reyes and McIntire to require a hearing only when the affidavit demonstrates reasonable grounds. Justice Meyers dissented, arguing that the motion was not deficient and that the appellant was entitled to a hearing. The dissent called for remand to obtain such a hearing.