Taylor v. Texas (original per curiam)
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Appellant Lance Taylor was convicted of murder and tampering with evidence. On appeal, he complained that he was denied his right to a speedy trial. The Court of Appeals found that it was unable to review the issue “as the trial court did not conduct a meaningful hearing.” Appellant has filed a petition for discretionary review arguing, inter alia, that the Court of Appeals erred in failing to conduct a de novo review. To this, the Texas Court of Criminal Appeals agreed: "The Court of Appeals misunderstood this case law to mean that some type of
specially-designated 'Speedy Trial Hearing' is required before an appellate court can weigh the Barker factors. But neither this Court nor the lower courts have required that. Instead, the only requirement is that the relevant information be in the record – the length of the delay, reason for the delay, assertion of the right, and prejudice." In this case, the record showed the length of the delay, the reasons for the delay, and Appellant’s assertion of the right. The only thing the record might not show was whether and what type of prejudice Appellant suffered. "But that potential deficiency does not prevent an appellate court from weighing the factors; it merely affects how they will be weighed." The appellate court's judgment was vacated and the case remanded for further proceedings.
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