Delay in Prosecuting or Seeking Post-Conviction Relief is All the Same to COA

May 12, 2015

By Keffer Hirschauer LLP

When an individual delays seeking access to the courts, either intentionally or by omission, that person may find himself on the losing end of whatever claim that seek to bring. This is due to the Doctrine of Laches (pronounced “latches”).

The Doctrine of Laches (commonly just called “laches”) is an equitable defense to a claim where a party to a claim has neglected their claim for an unreasonable length of time, under circumstances that would permit the individual to go forward, and as a result of this delay, the other party has been prejudiced or harmed. On Friday, the Indiana Court of Appeals held, in Thompson v. State of Indiana, 31A01-1408-PC-350, that the State of Indiana could rely on laches when an individual delayed in prosecuting their petition for post-conviction relief. Finding no distinction between the application of laches to both the delay in prosecuting as well as the delay in seeking post-conviction relief, the Court of Appeals affirmed the trial court’s decision to deny Thompson relief.

Contact Keffer Hirschauer LLP today if you are seeking Post-Conviction Relief and do not delay. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.