Kelly v. State

Summary

The court held that the trial court lacked jurisdiction to reconsider its order granting Kelly a new trial because the State's request was filed after the term of court ended, even though it was filed within the 30-day period specified in the order. The subsequent order denying a new trial was therefore a nullity and was vacated. The court also rejected the State's claim that the initial new-trial proceedings violated the State's constitutional due-process rights because constitutional due process protects persons, not the State in a criminal prosecution.