Whitehead v. State

Justice PLEICONES:

We ordered the parties to address the issue whether the defense of laches is available to the State where, as here, a post-conviction relief (PCR) applicant has made an Austin 1 claim. We hold that while laches may be pled as an affirmative defense, the State has waived it in this particular action. This matter shall proceed as directed below.

PROCEDURAL HISTORY

In 1992, petitioner’s first PCR application was denied after an evidentiary hearing. Appellate review of that order was not sought. Petitioner subsequently filed a second PCR application alleging, among other things,…