Court of Criminal Appeals of Texas

Ex Parte Norman Edward Carrio, Applicant

May 26, 19991999 Tex. Crim. App. LEXIS 56

Summary

The Court of Criminal Appeals held that the habeas petition must be remanded to the trial court for fact-finding on the ineffective assistance and laches issues, because the appellate court lacks evidence to decide them. The majority also affirmed that laches may be considered in 11.07 petitions, while Justice Meyers dissented, arguing that imposing a laches-based time requirement is legislative overreach.