Generally,how long does CCA have to consider a PDR filed by the state? Is there a time limit?
I'm watching a case very closely out of 2nd COA (The State of Texas vs Christi Lynn Johnston) in which the state filed a PDR on 02/17/2010.
Jeff Van Horn, as the State Prosecuting Attorney and, therefore, the State's attorney in the CCA is the best person to address such questions to. But, in my experience, the Court just takes the time it wants. In recent years, though, it does seem to have turned around cases quicker. If a local prosecutor is handling the PDR, you might want to confer with them.
Or, if you think the CCA is taking too long, you could do like someone recently did to the Texas Supreme Court -- sue them in federal court. Case had been pending for several years. Amazingly, a week or so after the lawsuit was filed, an opinion issued.
Just kidding. The CCA actually is very current on their docket of cases.
Just an educated guess based on experience, but most PDRs are probably granted or refused within 90-120 days. It may be a little longer now that the Court gives parties an opportunity to redraw defective petitions rather.
Once a petition is granted, the case may take a long time to final disposition if the issue is difficult or if the composition of the court changes.
Actually, the court is quicker. According to the fiscal year 2009 OCA report, the CCA disposes of PDRs in an average of 46.5 days. Annual Report for the Texas Judiciary Fiscal Year 2009 at 29. link
FYI, the OCA's annual reports are an excellent tool for budgeting and planning--they show statewide data about criminal cases that can help you compare your office to other offices as well as help you double check your own statistics.
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