Dickinson v. Mullaney

Opinion

BISHOP, J.

The petitioner, Martin F. Dickinson, appeals from the habeas court’s judgment denying his amended petition for habeas corpus and holding that his claims were barred by laches. On appeal, the petitioner claims (1) that the court improperly concluded that the equitable defense of laches is available in a habeas corpus action and (2) that, even if laches can be interposed as a defense to a habeas claim, the court improperly applied laches in this instance. Because the petitioner failed to attack before the habeas court the legal viability of laches as a defense in a habeas…