Boykins v. State

CONOVER, Presiding Judge.

Roger D. Boykins (Boykins) appeals the Madison Circuit Court's denial of his petition for post-conviction relief.

We remand.

*1080ISSUE

Does laches bar Boykins's Petition for Post-Conviction Relief?

FACTS

More than six years after pleading guilty to Theft, Boykins filed his petition for post-conviction relief under Ind. Rules of Procedure, Post Conviction Rule 1, claiming his plea was not entered knowingly, voluntarily, and intelligently. The State answered each of the allegations in the petition and asserted the affirmative defense of laches. After holding a hearing on the…