Keeter v. State , 74 S.W.3d 31 ( 2002 )

MEYERS, J.,

dissents with a note:

I join in Part I of Judge Holcomb’s dissenting opinion. I would leave the decision of the Court of Appeals undisturbed. In this case, the Court of Appeals determined that the trial court abused its discretion by denying appellant’s motion for new trial. Although I agree with majority that we owe deference to the trial court’s ruling on such a motion, I disagree that this relieves us of the deference we our intermediate appellate courts. To overrule the Court of Appeals in a case such as this, in which the court properly applied the law to the facts, is to obviate the need for the Court of Appeals to rule at all. Because I believe this Court should not sit as the Fifteenth Court of Appeals, I dissent.