Marc Allen Mason v. State
07-14-00345-CR
Tex.Mar 10, 2015Background
- Appellant arrested Nov 20, 2012 and indicted Mar 20, 2013 for burglary; tried to jury Sept 15, 2014 and sentenced to 17 years and $5,000 fine. Appellant appealed.
- Appellant spent ~21 months incarcerated pretrial, much of that in a darkened administrative segregation cell with severely limited out-of-cell time and access to counsel or law library.
- The trial court twice ordered psychiatric/competency exams (one sua sponte); failures by the sheriff, the defendant, and an examiner prevented completion and no competency determination was ever made.
- Appellant filed pro se motions after being returned to light, including claims of counsel neglect, a belief he had an implanted listening device, and Sixth Amendment violations; appointed counsel later moved for competency evaluation and for speedy-trial dismissal.
- Trial counsel renewed competency motions; the trial court denied the final psychiatric motion and denied Appellant’s speedy-trial dismissal immediately before trial. Appellant contends the delay was negligent, prejudicial (lost witnesses, impaired mental-health defense), and that the court failed to perform the mandatory informal competency inquiry and stay proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation | Appellant: ~21 months pretrial incarceration (incl. ~18 months post-indictment), no continuances requested, delay largely due to State/sheriff negligence and counsel inattention; prejudice from lost witnesses and impaired defense. | State: Delay attributable to pending psychiatric examinations requested by defense; no objection to trying without exams. | Trial court denied Appellant's motion to dismiss for lack of speedy trial; appellant seeks reversal. |
| Competency inquiry and stay | Appellant: Multiple sources (pro se filings, testimony about delusions, counsel motions, court-ordered exams) gave at least "some evidence" of incompetency; court was required to conduct an informal inquiry and stay proceedings until resolved. | State: Proceeded without requiring completed psychiatric report; argued evaluations caused delay but did not oppose trial. | Trial court denied re-urged psychiatric motion and proceeded to trial without conducting an informal competency inquiry; appellant seeks remand for required inquiry and stay. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (Barker factors for speedy-trial claims)
- Doggett v. United States, 505 U.S. 647 (presumptively prejudicial delay threshold)
- Cooper v. Oklahoma, 517 U.S. 348 (due-process bar to trying an incompetent defendant)
- Cantu v. State, 253 S.W.3d 273 (Tex. Crim. App.) (weight of assertion and prejudice in speedy-trial analysis)
- Ex parte LaHood, 401 S.W.3d 45 (Tex. Crim. App.) (scope of informal competency inquiry under Tex. Code Crim. Proc.)
- State v. Munoz, 991 S.W.2d 818 (Tex. Crim. App.) (presumptive prejudice and Barker analysis)
