https://texasappeals.org/topics/new-trial/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 02 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/ex-parte-halprin-judicial-bias-new-trial/Mon, 02 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/ex-parte-halprin-judicial-bias-new-trial/The court found by a preponderance of the evidence that the judge who presided over Halprin’s 2003 capital murder trial was actually biased against him because he is Jewish, held that actual judicial bias is structural error requiring no showing of harm, and remanded for a new trial. A second claim was dismissed as an abuse of the writ.https://texasappeals.org/2024/07/ex-parte-cook-actual-innocence/Mon, 08 Jul 2024 07:00:00 -0500https://texasappeals.org/2024/07/ex-parte-cook-actual-innocence/The court held that newly discovered DNA evidence, combined with evidence of false testimony and State misconduct, established by clear and convincing evidence that no rational jury would convict Cook of the 1977 Tyler murder. It did not reach his remaining due-process claims, and the habeas court had recommended denying the actual-innocence claim.