State of Texas v. Wilson, Carolyn Sue Krizan

OPINION

On September 22, 1985, appellee’s husband, Roy McCaleb, was murdered in his home. Appellee was indicted for the murder on July 14, 2008, nearly 23 years later. Appellee filed a motion to dismiss the indictment, alleging that the pre-indictment delay violated, inter alia, her rights to due process, due course of law, and a fair trial. After holding an evidentiary hearing, the trial court granted the motion, made factual findings and conclusions of law favorable to appellee’s motion, and ordered the indictment dismissed. On appeal, the Fourteenth Court of Appeals held that the trial…