Legal Opinion
Smith, Al Letroy
Court of Criminal Appeals of Texas
Decided October 1, 2014No. WR-79,465-01PublishedCited by 148 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which KELLER, P.J., PRICE, HERVEY, COCHRAN, and ALCALA, JJ., joined.
Applicant A1 Smith waited over ten years to claim in an application for a writ of habeas corpus that his rights to direct appeal and effective assistance of counsel were denied. Although the State did not plead laches in its answer to Smith’s application, we hold that a court may consider sua sponte whether laches should bar an applicant’s claim. We further hold that the current record supports a sua sponte laches inquiry. Smith’s application is remanded to the habeas court to give Smith an opportunity to explain…
3Cases cited21 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Day v. McDonoughSupreme Court of the United States · 2006
- Custis v. United StatesSupreme Court of the United States · 1994
- Kniatt v. StateCourt of Criminal Appeals of Texas · 2006
16 more not listed; retrieve them via the Exa API.
4Cited by148 opinions
- Bowman, Ex Parte Richard MarkCourt of Criminal Appeals of Texas · 2014
- Ex parte BowmanCourt of Criminal Appeals of Texas · 2017
- Ex parte SpeckmanCourt of Criminal Appeals of Texas · 2017
- Ex parte VasquezCourt of Appeals of Texas · 2016
- Ex parte RobertsCourt of Appeals of Texas · 2016
143 more not listed; retrieve them via the Exa API.