Ordunez v. Bean

The Texas Speedy Trial Act deprives prosecuting attorneys of their right to exercise judgment and discretion in performing their exclusive prosecutorial functions. It also trenches upon power and authority of state trial courts to manage their affairs, including control of their dockets as in Moore v. State, 94 Tex.Cr.R. 489, 251 S.W. 1086 (Tex.Cr.App.1923) and Art. 33.08, V.A. C.C.P. The Act is therefore subject to an attack that its effects violate the separation of powers provisions of Article II of the Constitution of the State of Texas.

The Court, however, not being pressed in this cause…