Smith v. Texas (original by judge keasler)
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Applicant Al Smith waited for ten years to claim in his request for habeas relief that his rights to direct appeal and effective assistance of counsel were denied. Although the State did not plead laches in its answer, the Court of Criminal Appeals held that a court may consider sua sponte whether laches should bar an applicant’s claim. Furthermore, the Court held that the record in this case supported a sua sponte laches inquiry. Smith’s application was remanded to the habeas court to give Smith an opportunity to explain his delay and for the entry of findings of fact and conclusions of law.
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