State v. Wei, Brian
PD-1613-14
| Tex. App. | Jan 14, 2015Background
- Wei was charged with driving while intoxicated in January 2009; information alleged a prior DWI conviction.
- The arrest warrant for Wei was never served; hospital care followed the January 2009 incident, with Wei in the hospital through January 10, 2009.
- Wei turned himself in and posted bond on April 30, 2013.
- There was a 51-month gap between charging Wei (January 2009) and Wei’s arrest, during which no attempted service of the warrant occurred.
- In June 2013 Wei moved to dismiss for speedy-trial violation; the trial court granted relief in December 2013 after a hearing.
- The Fourteenth Court of Appeals initially affirmed dismissal; following en banc reconsideration, it again affirmed; this Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 51-month delay create a presumption of harm requiring dismissal? | Wei: presumption applies under Barker/Doggett; delay presumptively prejudicial | Wei's failure to show actual harm not decisive; delay itself weighs against State | Yes; presumption triggers full Barker analysis and favors dismissal |
| May a court rely on an unpublished Gonzales opinion to overrule prior precedent? | State argued Gonzales controls; Guajardo remains valid on some reasoning | Gonzales does not resolve timing; unpublished Gonzales cannot overrule precedents | Court rejected reliance on unpublished Gonzales; adopted Doggett framework to assess delay |
Key Cases Cited
- Barker v. Wingo, 704 U.S. 514 (U.S. Supreme Court, 1972) (speedy-trial analysis using Barker factors)
- Doggett v. United States, 505 U.S. 647 (U.S. Supreme Court, 1992) (presumption of prejudice based on prolonged negligence)
- Zamorano v. State, 84 S.W.3d 643 (Tex. Crim. App. 2002) (delay length weighs against State; triggers Barker factors)
- Gonzales v. State, 435 S.W.3d 801 (Tex. Crim. App. 2014) (Doggett presumption and State rebuttal; discusses unpublished Gonzales opinions)
- Guajardo v. State, 999 S.W.2d 566 (Tex. App.—Houston [14th Dist.], 1999) (prior published precedent on presumptive prejudice)
- Cardona, 302 F.3d 494 (5th Cir., 2002) (five-year presumption rule in Fifth Circuit)
- Molina-Solorio, 577 F.3d 300 (5th Cir., 2009) (ten-year delay presumption in Fifth Circuit)