Speedy Trial in Texas
- Does anyone on this forum know about the Tx AGO Opinion No. MW-41 August 8, 1979 which states:
"The Speedy Trial Act, article 32A.02, Code Crim. Proc., requires that the state be ready to try a traffic offense punishable by fine only within 30 days of the time the defendant is stopped and issued a ticket."
I have read in EX PARTE EDIE DIONE MARTIN fn 10:
"The Court held the Texas Speedy Trial Act, Code of Criminal Procedure article 32A.01-.02, unconstitutional in Meshell v. State, 739 S.W.2d 246, 257 (Tex. Crim. App. 1987), for violating the separation of powers doctrine of Article II, Section 1 of the Texas Constitution. In that opinion, this Court concluded that the legislature interfered with prosecutorial discretion to prepare for trial."
When I went to the law library to read the case, the two dissenting opinions included in the case covered over 20+ pages of statements shaming the majority for not knowing or understanding even basic fundamentals of law and due process. This case (Meshell v. State) was tried in Waco and as I understand it only applies in that judicial district. The majority argued that the 30 day requirement was too hard on the prosecutors to bring a ticket to trial [boo hoo] and that who was the legislature to tell the judiciary how to conduct cases (although the prosecutors work for the executive branch).
Is this Act still alive or replaced or is Meshell the last case ruling on this Act? Most attorneys now tell the clients (and me in private conversations) that there is no time limit for speedy trial in Texas.
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- I have posted the complete AG decission under the name Speedy Gonzales
is located in the files section of this group 5 posts from the bottom
if you want the decission e mailed to you I will just e mail me direct