Boykins v. State

I respectfully dissent.

Because the majority declines to follow this court's prior decisions in Morrison v. State, (1984) Ind.App., 466 N.E.2d 783, and Ray v. State, (1984) Ind.App., 466 N.E.2d 1389, that fact should not keep the State from receiving a fair trial as to its laches defense.

The genesis of the laches question begins with Frazier v. State, (1975) 263 Ind. 614, 335 N.E.2d 623, which contains the following language:

The answers to the questions posed by this case are found in Langley; Richardson v. State, (1971) 256 Ind. 199, 267 N.E.2d 538. In that case, it was acknowledged that a…