Ex Parte Carrio

In Ex Parte Carrio, 992 S.W.2d 486, 487-88 (Tex. Crim. App. 1999) the Texas Court of Criminal Appeals held that the doctrine of laches should be utilized in determining whether to consider a post-conviction application for writ of habeas corpus where the applicant's delay in filing the application prompted the State to claim prejudice to its ability to respond. The Carrio court referenced Black's Law Dictionary in defining the doctrine: "The doctrine of laches is based upon the maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert right or claim which, taken together with lapse of time and other circumstances causing prejudice to an adverse party, operates as a bar in a court of equity. Also, it is the neglect for an unreasonable and unexplained length of time under circumstances permitting diligence, to do what in law, should have been done." 992 S. W.2d at 487 n.2 (quoting Black's Law Dictionary 875 (6th ed. 1990)).