Clinton Wayne Smith, Relator-Applicant v. Hon. Louis B. Gohmert, Jr., Judge, Seventh District Court, Respondent

Summary

The Court of Criminal Appeals of Texas denied Clinton Wayne Smith's request for mandamus and pre‑trial habeas corpus relief, holding that he has an adequate remedy at law and that the relief sought is not a ministerial act. The denial rests on precedent that speedy‑trial claims are reviewable by direct appeal rather than extraordinary writs. The opinion includes a concurring opinion and a dissenting opinion, the latter arguing that mandamus or habeas should be granted.