Curry v. Wilson

In Garcia v. Dial, 596 S.W.2d 524 (Tex.Cr.App.1980), this Court granted mandamus relief in a case in which a trial court purported to act although it lacked jurisdiction to do so. Dial, the trial judge, had granted defendant Garcia’s motion to dismiss an indictment against him on the basis of a violation of the now-defunct Speedy Trial Act. Later persuaded by the State that this ruling was a mistake, Judge Dial ordered the cause reinstated on the court’s docket and set for trial. Garcia petitioned for mandamus and prohibition relief, asking this Court to order Judge Dial to set aside the…