Court of Criminal Appeals of Texas

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

June 3, 19981998 Tex. Crim. App. LEXIS 71

Summary

The Court 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 Matthews rule to that extent. The decision reversed the Court of Appeals and affirmed the trial court's action. Justice MEYERS filed a concurring opinion and Justice OVERSTREET dissented.