Ray v. State

466 N.E.2d 1389, 1984 Ind. App. LEXIS 2919

Opinions

CONOVER, Judge.

Danny J. Ray (Ray) appeals the Lawrence County Court's denial of his petition for post-conviction relief.

We remand. The parties extensively argued whether laches applied in this case. The state of the law in this area arguably had been in flux since Stutzman v. State, (1981) Ind.App., 427 N.E.2d 724. Our supreme court recently has clarified the law in Twyman v. State, (1984) Ind., 45 N.E.2d 705, 711-12.

Twyman held the State has the burden of pleading and proving the elements of laches. The record in this case is unclear as to the treatment the trial court gave the laches issue in this case. Thus, we remand this case for hearing on the laches issue. After the parties present evidence on the issue of laches, the trial court will be in a position to determine the issue.

For the reasons stated above, we retain jurisdiction of this cause, but remand it for a hearing on the laches issue. |

So ordered.

MILLER, P.J., concurs. YOUNG, J., dissents with opinion.