Opinion
No. 53921.
September 17, 1973.
IN RE: WILLIAM M. RHODES APPLYING FOR WRIT OF HABEAS CORPUS.
Writ denied. Insufficient showing to warrant the exercise of our supervisory jurisdiction. However, the right to make a showing of a denial of a speedy trial, on proper motion in the trial court, is reserved at a pretrial hearing.
BARHAM, J., is of the opinion the writ should be granted. The defendant has made a full showing entitling him to writ relief under our statutes.
DIXON, J., is of the opinion that the writ should be granted and an evidentiary hearing ordered immediately on the allegation that his Nov. 1972 motion for speedy trial has been ignored. This court has apparently overlooked the copy of the Motion to Dismiss the indictment for failure to prosecute which is included in the return to the application before us and upon which the trial court has apparently not acted.