Postconviction Motion Denied – Laches Doctrine

Listen to this article

7^th Circuit Court of Appeals

Case Name: Jay R. Thompson v. Richard Brown

Case No.: 17-2085

Officials: WOOD, Chief Judge, and KANNE and SCUDDER, Circuit Judges.

Focus: Postconviction Motion Denied – Laches Doctrine

Jay Thompson’s efforts to obtain a writ of habeas corpus under 28 U.S.C. § 2254 foundered, as so many do, on procedural default—specifically, the decision of Indiana’s judiciary to reject his postconviction petition under that state’s laches doctrine. The state court relied on delays that took place after Thompson had filed his postconviction petition—delays for which Thompson was responsible, the state court ruled, for failing to “prosecute” his case.

But when the state court dismissed the petition there was not yet a firmly established and regularly followed rule in Indiana that laches applies to delays to an already-filed action. The relevant precedents dealt only with delays in filing a postconviction petition. We conclude that Thompson’s petition is not barred by an adequate and independent state ground, and so we vacate and remand the case for further proceedings.

Vacated and Remanded

Full Text