Husham E. Awadelkariem, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals held that a trial court may rescind an order granting a new trial if it does so within the 75‑day period prescribed by the appellate rules, thereby overruling the longstanding Matthews rule to that extent. The Court reasoned that the statutory and procedural framework provides the trial court with this limited authority and that the Matthews doctrine lacks a sound basis. The Court reversed the Court of Appeals and affirmed the trial court's action. Justice Meyers, in a concurring opinion, agreed with the majority but emphasized the need to identify the source of the trial court's authority.