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Defendant has been in custody for months on multiple new felony cases as well as a blue warrant (parole hold). The case was given a setting in late December (with the State never having been given notice of the motion or setting) and the Defense agreed to reset the matter and review the provided discovery to consider a plea to an information. Never heard back again. Now the case is set for the speedy trial hearing, and the jurisdiction doesn't have a grand jury before then (and frankly doesn't have regularly scheduled grand juries as they have to be called in on an as needed basis).

Now defense says no plea to an information, and they are seeking dismissal. Can anyone direct me to helpful case law?
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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Good place to start may be Cantu v. State, 253 SW 3d 273. Not sure about the significance of lack of grand jury. An indictment now would not necessarily cure denial of speedy trial, though it may justify even further delay.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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