existing laches doctrine (Texas) · Go Syfert
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existing laches doctrine in Texas

8 Texas opinions name it 2 courts 2013–2023 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Caldwell v. Barnesgreen
tex · 1998 · cited in 4 Texas opinions naming this issue, 2013–2016
2 sentences

2016Thus, the court of criminal appeals eased the State’s burden in habeas corpus cases by adopting “Texas common law, rather than the federal standard, to define the parameters” of the defense of laches in Texas habeas- corpus cases: Consistent with thé common-law doctrine of laches, going forward, we will (1) no longer require the State to make a “particularized showing of prejudice” so that courts may more broadly consider material prejudice resulting from delay, and (2) expand the definition of prejudice under the existing laches doctrine to permit 'consideration of anything that places the St

2016Id. (citing Caldwell v, Barnes, 975 S.W.2d 535, 538 (Tex.1998)).

44
Perez, Ex Parte Alberto Girongreen
texcrimapp · 2013 · cited in 5 Texas opinions naming this issue, 2015–2023
2 sentences

2023Rather, its motion for entry of a nunc pro tunc judgment sought only the entry of the judgment that the trial court was statutorily 4 Notably, in Perez, the court “expand[ed] the definition of prejudice under the existing laches doctrine to permit consideration of anything that places the State in a less favorable position, including prejudice to the State’s ability to retry a defendant, so that a court may consider the totality of the circumstances in deciding whether to grant equitable relief.” Ex parte Perez, 398 S.W.3d at 215 (emphasis added). 9 required to enter: a judgment that reflected

2018App. 2013), the Court of Criminal Appeals adopted the common-law doctrine of laches and held it would “(1) no longer require the State to make a ‘particularized showing of prejudice’ so that courts may more broadly consider material prejudice resulting from delay, and (2) expand the definition of prejudice under the existing laches doctrine to permit consideration of anything that places the State in a less favorable position, including prejudice to the State’s ability to retry a defendant, so that a court may consider the totality of the circumstances in deciding whether to grant equitable re

15
Ex Parte Poegreen
texcrimapp · 1988 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Ex parte Poe, 751 S.W.2d at 876 ; TEX.

11
Ex Parte Wolfgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Thus, the court of criminal appeals eased the State’s burden in habeas corpus cases by adopting “Texas common law, rather than the federal standard, to define the parameters” of the defense of laches in Texas habeas- corpus cases: Consistent with thé common-law doctrine of laches, going forward, we will (1) no longer require the State to make a “particularized showing of prejudice” so that courts may more broadly consider material prejudice resulting from delay, and (2) expand the definition of prejudice under the existing laches doctrine to permit 'consideration of anything that places the St

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

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