Court of Criminal Appeals of Texas

Fred Meshell, Appellant v. the State of Texas, Appellee

July 1, 19871987 Tex. Crim. App. LEXIS 622

Summary

The Court of Criminal Appeals of Texas affirmed the Tenth Court of Appeals, holding that key provisions of the Texas Speedy Trial Act (Article 32A.02 §§ 1(1), 4(5), 4(10) and Article 28.061) are unconstitutional because they violate the separation of powers doctrine in Article II, § 1 of the Texas Constitution. The Court also found the appellant had not preserved a federal or state speedy‑trial claim and therefore affirmed the conviction. Three dissenting judges criticized the majority’s constitutional analysis and the scope of review.