Ex parte Green

I concur in the denial of certiorari review. However, because I disagree with certain holdings of the Court of Criminal Appeals, I feel that it is necessary to state my views.

In affirming the trial court’s judgment, the Court of Criminal Appeals found that the delay of some 28 months before finally bringing this case to trial did not create “presumptive prejudice” under the ruling of the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). I cannot agree with this holding. I would hold that on the facts of this case presumptive prejudice is…