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Laws-info.com » Cases » Texas » 9th District Court of Appeals » 2003 » Dan Thomas v. Linda Bilby-Knight and Mettie Faye Degetaire--Appeal from 258th District Court of Polk County
Dan Thomas v. Linda Bilby-Knight and Mettie Faye Degetaire--Appeal from 258th District Court of Polk County
State: Texas
Court: Texas Northern District Court
Docket No: 09-03-00370-CV
Case Date: 09/25/2003
Plaintiff: Archer Daniels Midland Company
Defendant: Gerald Bohall et al--Appeal from 32nd District Court of Nolan County
Preview:Willie Frank Campbell v. The State of Texas--Appeal
from 54th District Court of McLennan County
MAJORITY | MAJORITY
Willie Frank Campbell v. State /**/
IN THE
TENTH COURT OF APPEALS
No. 10-01-233-CR
WILLIE FRANK CAMPBELL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court # 2000-956-C
CONCURRING OPINION TO ORDER SETTING BAIL
Two points should be made in support of our order setting bail in the amount of $10,000. First, bail was set by
McLennan County authorities at $7,500 when Willie Frank Campbell was arrested and charged. This order represents
bail one-third higher.
Second, because of this Court s delay in acting on the State s motion for rehearing, Campbell has remained in prison
without bail being set, having already had his conviction reversed, for many months longer than he would have had we
acted expeditiously. Because that may affect the State s ability to retry him, we should take it into consideration. See
Montalvo v. State, 786 S.W.2d 710, 711 (Tex. Crim. App. 1989) (State s ability to retry Appellant is a factor is setting
bail after reversal).
The opinion reversing Campbell s conviction, which began his entitlement to bail, was issued on January 8, 2003. The
State requested, and received, an extension of time to file its motion for rehearing, which was ultimately filed on
February 20, 2003. The motion for rehearing was not acted on by this Court until January 14, 2004, almost eleven (11)
months after it was filed. This delay has been prejudicial to both Campbell and to the State, which intends to retry
him.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/7163.html[8/20/2013 7:22:40 PM]




As an appellate court, we follow certain guidelines regarding the time it should take to decide a case. The categories
tracked by the Office of Court Administration are: (1) cases submitted and undecided for more than six months but less
than twelve months; (2) cases submitted and undecided for more than twelve months; and (3) motions for rehearing
that have been pending over thirty days. Because the State s motion for rehearing had not been decided by March 22,
2003, it first appeared on the monthly report dated March 31, 2003. It has appeared on every monthly report since that
date.
BILL VANCE
Justice
Concurring opinion delivered and filed January 21, 2004
Publish
file:///C|/Users/Peter/Desktop/opinions/PDFs1/7163.html[8/20/2013 7:22:40 PM]





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