Texas cannot—and thankfully does not—dispute that Hartfield has a right to argue that his speedy trial right has been violated. But state lawyers are blocking an immediate review of that issue by arguing that the must make his claim by filing a regular motion in his newly pending retrial case—and that he cannot appeal such a ruling until after that retrial. Having been chastised in this case by the state's highest criminal court, that is to say, Texas wants to make Hartfield wait another year or two before he gets to even ask a higher court to be freed.

In its new court filings, the state cites case after case for the proposition that Hartfield's lawyers have made the wrong procedural path to help their client. But there is no case in Texas—or evidently anywhere else—that any lawyer has cited that even remotely tracks the egregious facts of this case. Texas has screwed up so royally, has so long violated the constitutional rights of this man, that there is literally no dispositive legal precedent state lawyers can cite to help them justify his continuing confinement.

On Tuesday, nearly six months after the highest criminal court in Texas acknowledged the wrong done to Hartfield, there will be a hearing in the case held by the trial judge who presumably will write the next chapter of this sad story. Eventually he will issue a ruling, which the losing side then will appeal, which will generate a new round of briefing and many more months (or even years) of delay. And every new day this man spends in custody pending his retrial, every new day the state lags in remedying this manifest error, represents a new violation of law.

If Jerry Hartfield were a rich man, or a white man, or a savvy man, or a man living near the nation's media centers, he long ago would have become an international cause celebre. There would be public protests and earnest letters to Texas officials from civil libertarians and concerned politicians. There would be emergency federal court motions. There would be television coverage. There would be a constant clamoring to fix this mistake. Hartfield now is 57 years old and had his original sentence been upheld he could have been paroled by now.

But Jerry Hartfield is a poor man, a black man, a man with an IQ once registered at 51, and he is stuck in the middle of a criminal justice system in a state that still can be medieval in its treatment of such men. And so the same authority that has imprisoned him unlawfully for 33 years can argue in court with a straight face that the Texas Court of Criminal Appeals didn't mean what it wrote when it wrote that Hartfield could seek the relief he has requested in the manner in which his attorneys have chosen.