whether-the-pretrial-period-is-a-critical-stage

QUESTIONS PRESENTED I. Whether the pretrial period between the time the Sixth Amendment right to counsel attaches to the start of trial is a critical stage of the proceedings, thus warranting a presumption of prejudice to the accused, when they are incarcerated and left without an attorney in the case for almost three full years during that pretrial period after being arrested pursuant to a warrant in the case. Il. Whether a plea bargain offer negotiated with the State is a critical stage of the proceedings, thus warranting a presumption of prejudice to the accused, when an attorney withdraws from a case without notice and leaves a plea offer accepted by the defendant unresolved and leaves the defendant without another attorney in the case for almost three full years thereafter. IIL. Whether’ a defendant's failure to assert their Sixth Amendment right to a speedy trial and the three and a half year delay before the start of trial should rightfully be attributed and weighed against them in the speedy trial analysis when they are incarcerated and unrepresented by an attorney during that time period. . ii. PARTIES The petitioner is Rodney A. Hurdsman, a Texas State prisoner currently serving a 75-year prison sentence for theft of property and is presently confined at the Robertson Unit in Abilene, Texas. The respondent is Bobby Lumpkin, Director of the Texas Department of Criminal Justice, Correctional Institutions Division. RELATED CASES + Hurdsman v. Lumpkin, No. 22-10280, U.S. Court of Appeals for the Fifth Circuit. Judgment entered June 15, 2023. Hurdsman v. Lumpkin, No. 4:21-cv-427, U.S. District Court for the Northern District of Texas. Judgment entered Feb. 18, 2022. + Ex parte Hurdsman, No. WR-89,899-06, Texas Court of Criminal Appeals. Judgment entered Oct. 7, 2020. : + Hurdsman v. State, No. PD-30-19, Texas Court of Criminal Appeals. Judgment entered Mar. 20, 2019. + Hurdsman v. State, No. 02-17-319-CR, Second Court of Appeals Fort Worth. Judgment entered Nov. 8, 2018. + State v. Hurdsman, No. CR-17817, 271st District Court, Wise County, Texas. Judgment entered Sept. 14, 2017. iii.