Q: State of TX can a defendant file a motion for a fast speedy trial before indictment on a capital murder charge

A: Nothing will stop filing such a motion but it is well established that a suspect is not "accused" for the purposes of the Sixth Amendment right to a speedy trial until after the indictment. Furthermore, there is no right to a speedy indictment, although the prosecution deliberatly slowing the indictment to hurt the defense can be a Due Process violation... the classic example of this is deliberately waiting for a terminally ill alibi witness to pass away.

The one thing that will hurry an indictment in Texas is a Motion for Examining Trial. That said, a speedy indictment is not necessarily in the suspect's best interest. If the defendant wants a faster indictment, he should talk to his criminal defense team and trust their advice on this matter.

One final note is that it is often better to file a "Notice of Invocation of Right To Speedy Trial" and serve it on the prosecution. The reason the Notice is better is that a Motion is toothless until the judge makes a ruling on it, but you don't actually need any ruling to invoke this right... notice to the prosecution is the only requirement.

A: Ms. Pace provides an excellent answer so I answer only to briefly explain an "examining trial". If you have not yet been indicted you are entitled to request an examining trial (ET). The trial must be held before the indictment, once you are indicted the ET will be cancelled. Also it is only available for felony cases, such as your case. The ET has relaxed evidentiary rules and can be an excellent source for discovery of evidence.