Richard Dennis Lancaster v. The State of Texas

Summary

The Texas Tenth Court of Appeals affirmed the denial of Richard Dennis Lancaster’s motion to set aside an indictment for aggravated sexual assault. The court held that Lancaster inadequately briefed his due process claim concerning the post-indictment, pre-arrest delay and failed to preserve his complaint regarding findings of fact and conclusions of law.

Holdings

1. Because Lancaster cited no authority supporting his contention that post-indictment, pre-arrest delay violated due process and required dismissal of the indictment, the issue was improperly briefed and presented nothing for review.
2. The complaint was not preserved because the appellate record contained no request for findings of fact and conclusions of law.

Questions Presented

1. Whether Lancaster adequately briefed a due-process challenge based on the approximately thirty-year delay between indictment and arrest.
2. Whether the appellate court could require findings of fact and conclusions of law when the record did not show that Lancaster had made the required request in the trial court.

Disposition

affirmed