Court of Criminal Appeals of Texas

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

February 11, 19981998 Tex. Crim. App. LEXIS 19

Summary

The Court denied Smith’s petition for mandamus and habeas corpus relief, holding that he has an adequate remedy at law and that the relief sought is not ministerial. The Court relied on precedent that dismissal of an indictment on speedy‑trial grounds is a matter for appeal, not for extraordinary writs. Justice Baird dissented, arguing that mandamus or pretrial habeas should be available, while Judge Meyers concurred with the majority.