Carsner v. State, 2014 Tex. Crim. App. LEXIS 1380

Appellant Laura Carsner was convicted of capital murder and sentenced to life without parole.
The El Paso Court of Appeals granted a new trial based on newly discovered evidence (O’Hara testimony about prior sexual abuse).
This Court held the four-pronged Keeter test governs new-trial relief; prongs 1–2 were found by the trial court, prong 3 not addressed, and prong 4 not decided by the trial court.
The State argued on appeal that none of the four prongs were satisfied and that O’Hara’s testimony was not newly discovered or likely to change the result.
The Court of Appeals analyzed prongs 3–4 and concluded they were satisfied, triggering a new trial.
This Court vacates the Court of Appeals’ judgment and remands for further consideration, holding the court failed to analyze two prongs and to address the State’s arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate court properly analyzed the Keeter prongs 1–2	Carsner	State	Remanded; failure to analyze prongs 1–2
Whether the appellate court properly analyzed prongs 3–4	Carsner	State	Remanded; need full analysis of prongs 3–4
Whether the newly discovered evidence was improperly deemed admissible or likely to change the result	Carsner	State	Remanded for proper consideration of prong effects

Wallace v. State, 106 S.W.3d 103 (Tex. Crim. App. 2003) (establishes framework for new-trial testing)
Keeter v. State, 74 S.W.3d 31 (Tex. Crim. App. 2002) (four-pronged test for new-trial relief)
Carsner v. State, 415 S.W.3d 507 (Tex. App.–El Paso 2013) (court of appeals’ analysis of Keeter factors)
Turrubiate v. State, 399 S.W.3d 147 (Tex. Crim. App. 2013) (procedural guidance on Rule 47.1 and review standards)
Gipson v. State, 383 S.W.3d 152 (Tex. Crim. App. 2012) (role of appellate analysis in evidentiary claims)
Sims v. State, 99 S.W.3d 600 (Tex. Crim. App. 2003) (need for addressing issues raised in appeal)