Court of Criminal Appeals of Texas

David Castro Ordunez, Petitioner v. Woodrow W. Bean, Ii, Presiding Judge, 243rd District Court of El Paso County…

April 18, 19791979 Tex. Crim. App. LEXIS 1411

Summary

The Court denied David Castro Ordunez's petition for a writ of mandamus seeking to set aside his indictment on speedy‑trial grounds, holding that he failed to show the absence of an adequate remedy and that the trial court's determination was discretionary, not ministerial. The decision was accompanied by a concurrence raising constitutional separation‑of‑powers concerns and a partial concurrence/dissent questioning the adequacy of appellate review.