Ex parte Perez (dissenting by judge meyers)
Annotate this CaseIn his post-conviction application for a writ of habeas corpus, applicant Alberto Perez argued he received ineffective assistance of appellate counsel and sought permission to file an out-of-time petition for discretionary review so that he could appeal his 1991 murder conviction. After applicant filed his application in 2011, and after an initial remand to the trial court for evidentiary development of applicant’s claims, the Court of Criminal Appeals issued an opinion in which it revised its approach to laches as that doctrine applied in the context of a long-delayed application for a post-conviction writ of habeas corpus. It then remanded the case to the trial court a second time for consideration of applicant’s claims in light of the revised approach. On remand, the trial court entered findings of fact and conclusions of law and, based on applicant’s unreasonable and unjustified delay in filing the application and the State’s assertion that it has been prejudiced as a result of the delay, it recommended that relief be denied. Having reviewed the record, the Court of Criminal Appeals agreed with the trial court's findings and conclusions. The Court denied relief.
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