Monday, October 1, 2007

Laura Hall Hearing for Motion for New Trial?

KXAN, among others, reported that there would be a hearing within 10 days of Sawyer's filing the Motion for a New Trial. That filing was date-stamped Friday, Sept. 21, 2007. I'm assuming it means 10 business days, which would mean the hearing should take place this week. I looked at the online docket and didn't see anything set yet, but I'll check again tomorrow. I haven't heard anything about who Hall's appellate attorney will be now that Sawyer has filed a motion to withdraw as her attorney because of the ethical conflict that's arisen now that he believes he is a witness for the next hearing.

1 comment:

egregious said...

The "10 day" stipulation is from Rule 21.6 of the Texas Rules of Appellate Procedure The rule is as follows:

21.6 Time to Present. The defendant must present the motion for new trial to the trial court within 10 days of filing it, unless the trial court in its discretion permits it to be presented and heard within 75 days from the date when the court imposes or suspends sentence in open court.

I, too thought that the "10 day" language was significant, but after a closer reading, i find it to be meaningless if not downright silly. When something such as this is at the sole discretion of the judge, it serves no purpose say that it "must" be done by the defense. Note that it is the defense that "must" act here, not that the judge "must" allow the hearing. I won't be surprised if the the judge remains silent thereby denying the motion as a matter of law after 75 days.