Court of Criminal Appeals of Texas, 1998

Smith v. Gohmert

Smith v. Gohmert
Court of Criminal Appeals of Texas · Decided September 30, 1998 · Baird
976 S.W.2d 212; 1998 Tex. Crim. App. LEXIS 119; 1998 WL 684478 (South Western Reporter, Second Series)

Smith v. Gohmert

Dissenting Opinion

For the reasons stated in my dissenting opinion on original submission, I believe the instant motion for rehearing should be granted. Additionally, I would grant rehearing to determine if Tex. Code Crim. Proc. Ann. art. 11.08 is the appropriate vehicle to determine whether applicant's allegation that his constitutional right to a speedy trial has been violated. Because the majority fails to do so, I dissent.

Opinion of the Court

Appellant's motion for rehearing denied.

Opinion of the Court

DISSENTING OPINION TO DENIAL OF APPLICANT’S MOTION FOR REHEARING

BAIRD, Judge,

dissenting.

For the reasons stated in my dissenting opinion on original submission, I believe the instant motion for rehearing should be granted. Additionally, I would grant rehearing to determine if Tex.Code Crim. Proc. Ann. art. 11.08 is the. appropriate vehicle to determine whether applicant’s allegation that his constitutional right to a speedy trial has been violated. Because the majority fails to do so, I dissent.

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