Ex Parte Patterson

Because this Court held that the 1974 burglary conviction used to enhance applicant’s sentence in the present case (attempted capital murder) was void due to a fundamentally defective information, it appears initially applicant is entitled to relief in the form of a *21new sentencing hearing.1 However, I would file and set this cause to reconsider our opinion in No. 71,833 on the ground that the doctrine of laches should have been applied at that time, and, therefore, he may not now be entitled to relief.

While we have never applied the doctrine of laches to applications for writs of habeas…