"A trial judge is required to reopen a case under article 36.02 only if the proffered evidence is 'necessary to a due administration of justice.' Given the direction of our case law over the years, the statute's purpose in granting judges greater discretion, and the consequences of each construction, we conclude that a 'due administration of justice' means a judge should reopen the case if the evidence would materially change the case in the proponent's favor."
June 02, 2003 at 12:00 AM
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