Did the Texas Court of Criminal Appeals err in refusing to grant Mr. Thompson's petition for discretionary review, and therefore, sanction the lower courts' failure to indulge every reasonable presumption against waiver of his fundamental right to a speedy trial?

QUESTIONS PRESENTED ook en Mr. Thempsea_has. asserted his right to_a. speedy. trial in Fifteen differert ways, and, has preserved his speedy trial claim for appellate review ia_at least theee of them, Indeed, such being true, should not exclude the fact that there. is_actually 4. presumption. in record. that the claim has been p reserved y; which oF course, the state court may have.come. to discern had it bothered actually teconsider the snecits.of the claim under principles wellestablished. by this. Courts Such being se raises, the Following. -twe questions. ee eee _ _ ; _ Ai Did the Texas Courtof Criminal Appeals arr in refusing, to grant es Thompson's. petition. for Aiscretionary review, and. therefore, sanction the lower courts. Fuluce. to. indulge_e very reasonable ; _ _presumption against waiver ef Ais Fundamental right toa speedy trial 2 Loe (3 Ne _ — eee . —.———. -ae . os . 2, Even if Me. Thompson's. speedy trial claim had. been procedurally defaulted, did the Texas. Court of Cominal Appeals. ere in refusing, te grant discretionary. rovite in order that tt could have. Pally considered whether review of the claim was wacranted under the Barker default helding © _. _ | 7 fx. _ ___ __ LISTOF PARTTES ae All parties donot appear_in the caption af the case on the cover pogo. A list f° all parties to ——the proceeding ia.the court whose_judgement is the subject af this petition is.as tollows : —-—fetitioner is Oecille Posten ThompsonyIny TDGL No. 206848), McConnell Unit, 2001 $..Ernily Drive, Beeville, Texas Ble» —— Me Thompson's First: appointed counsel was Tommy LaFon, SBN ITAISO0, 1214 Heights. Boulevard, Heuston, Texas, 77008. Mrstafon was later removed and replaced. by. substitute/tral counsel Randy Marton , SBN Ney (2049500 and co-counse] (at-the actual trial only) Sercha, Landau, SBN No. 24002781, Assistant Harris County Eablic Defenders, 120), Franklin Street, 13th Floor, Houston,Texas 770026. awa Trial. couct judge a the (85th District: Court of ther's County, Texas's Susan. Brown. And. reprsesting the Stabe “tn the trial cout proceading. was. prosecutor: Gregory Hulten, SBN No24062)82-,and. John Lewis ,SBH No. 2058844 Agstant Harcis County District Attorneys,/201 Fooklin Street, Houston, Tams 77002, . a direct appeal, 1c. himself ut before was. re preseated by Michael Metnrue, TBC_No, 13584050, P.O, Rox. 70176, Houston Texas. TE10-0478. _ re . The State was represeited by him Ogg, Harris. County District Attorney in the person. of Assistant District Atferney. Eric kuglery TBC No. 746410, (20) Franblin Strect, Heuston ;Texas. 77002, _ On certiorari, it is.known only that the respondent js Lorie Davis, Executive Director, Texas Vepartment of Criminal Justice, BO Box. 44,,Hunteville Texas 77342-0012 — {Ms Davis will Likely be ropresented Ay. tha. Mhorney. General of Texas. whois believed te.be Ken. Laxton y Billo wed by Sepity. Atterney General key. Mateer; and Assistant District Atfocneys Adrienne CMefarland and Cvendelyn Vindell, P0.Boy 12548, Capite| Station, Austin Texas TBM. __ eee oe . ee | (ON ee _