Ex parte Sheffield (original by judge walker)
Annotate this CaseAppellant Kevin Sheffield couldn't make bond and was placed into custody August 2019. While there, Appellant filed several pro se documents with the trial court even though he had appointed counsel. In his first letter, Appellant requested an examining trial and a personal recognizance (PR) bond until the examining trial could take place. Appellant also filed a pro se motion September 19 for a speedy trial and for discharge under article 28.061. Appellant followed the motion September 20 with another pro se letter, reasserting his requests for a speedy trial, a speedy examining trial, and a PR bond until the examining trial. On September 26, a grand jury returned a five-count indictment alleging possession, with intent to deliver, first degree felony amounts of methamphetamine and heroin; possession of a first degree felony amount of cocaine; evading arrest in a vehicle; and unlawful possession of a firearm by a convicted felon. On September 30, the trial court entered its pre-trial scheduling order, setting jury trial for January 23, 2020. In January, although represented by counsel, Appellant sent a pro se letter seeking a hearing on a motion for discovery and a motion for speedy trial. Proceedings were briefly paused due to the COVID-19 pandemic. By May 12, a hearing was held in which the trial court allowed Appellant to represent himself but keep standby counsel. By May 18, Appellant filed a pro se motion seeking release. This motion was ultimately denied, leading to Appellant's request for habeas relief. The Texas Court of Criminal Appeals concluded Appellant's speedy trial claim was not cognizable under Texas law in pretrial proceedings: "because pretrial habeas corpus litigation would not vindicate the speedy trial right and would effectively undermine that right instead. Vindication of the speedy trial right must be had through a motion to dismiss followed by appeal after trial if the motion is wrongly denied. If trial and appeal are indefinitely postponed, mandamus, not pretrial habeas, is available."
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