State v. Williams

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

We granted the State’s petition to determine whether subsections Article IV(c) and Article V(c) of the Interstate Agreement on Detainers Act (IADA) 1 violate the Separation of Powers clause of the Texas Constitution. The trial court dismissed indictments, with prejudice, against appellee pursuant to the IADA, Article V(e) 2 because trial was not commenced within 120 days of appellee’s arrival in Texas as required by IADA, Article IV(c). 3 Before the Court of Appeals, the State challenged the provisions in question on the ground…