Jackie Russell Keeter, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas held that Article 40.001 is ambiguous and must be applied using the four‑part test—including a diligence and "probably true" requirement—when evaluating a motion for a new trial based on a recanted testimony. It found the trial court abused its discretion in deeming the child’s recantation not credible and reversed the Court of Appeals, remanding for further proceedings. The decision was contested by two dissenting opinions that argued the statute is clear and that the appellate court should not overturn the factual findings of the lower courts.