In Meraz v. State, 785 S.W.2d 146 (Tex.Crim.App. 1990), and later in Johnson v. State, 23 S.W.3d 1 (Tex.Crim.App. 2000), the Court recognized that the Conclusivity Clause means what it says, i.e., the courts of appeals' decisions on factual sufficiency are conclusive.
In Clewis v. State, 922 S.W.2d 126 (Tex.Crim.App. 1996), the Court recognized the authority and responsibility of the courts of appeals to conduct factual sufficiency reviews, and we set forth the manner in which such reviews are to be conducted.
So far we have only applied factual sufficiency review to a limited number of situations. See, e.g., Meraz, 785 S.W.2d 146; Clewis, 922 S.W.2d 126.
When considering a motion for new trial based on material evidence, a trial court must determine whether the elements of Texas Code of Criminal Procedure article 40.001 are met.