EX PARTE SMITH

No. WR-79,465-01.

444 S.W.3d 661 (2014)

Ex Parte Al Letroy SMITH, Applicant.

Court of Criminal Appeals of Texas.

October 1, 2014.


Attorney(s) appearing for the Case

John C. Bennett , Amarillo, for Applicant.

John L. Owen , Asst. Dist. Atty., Amarillo, for the State of Texas.


OPINION

KEASLER, J., delivered the opinion of the Court, in which KELLER, P.J., PRICE, HERVEY, COCHRAN, and ALCALA, JJ., joined.

Applicant Al 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...

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