Intermediate appellate courts are struggling with the effects of a series of Texas Supreme Court opinions that allowed them to scrutinize trial judges when the judges grant new trials, said Fourteenth Court of Appeals Justice Tracy Christopher.
Christopher told members of the Texas Supreme Court Advisory Committee during a Dec. 5 meeting that recent high court case law has established that an appellate court can review the merits of a retrial order during a mandamus proceeding. But the method causes appellate courts to strip trial judges of their discretion in granting new trials, she said.
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