IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,711-01
EX PARTE SHANE SEPEDA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 57,621-A IN THE 47TH DISTRICT COURT
FROM POTTER COUNTY
YEARY, J., filed a concurring opinion in which SLAUGHTER, J., joined.
CONCURRING OPINION
Applicant, Shane Sepeda, was convicted of indecency with a child and sentenced to
twenty years’ imprisonment. The Seventh Court of Appeals affirmed his conviction.
Sepeda v. State, No. 07-08-0366-CR, 2009 WL 4893634 (Tex. App.—Amarillo Dec. 18,
2009) (mem op., not designated for publication). Applicant filed this application for writ
of habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See TEX. CODE CRIM. PROC. art. 11.07.
Today, the Court remands this application to the trial court for an evidentiary
hearing. I agree that this application should be remanded, and so I join the Court’s order
Sepeda — 2
doing so. But I write separately to address my thoughts concerning the doctrine of laches
and its possible application to this case.
Laches is a common-law doctrine, 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.
Ex parte Perez, 398 S.W.3d 206, 210 (Tex. Crim. App. 2013) (citing BLACK’S LAW
DICTIONARY). Whether laches applies to bar a claim is determined on a case-by-case
basis, by giving consideration to the length of the delay in seeking equitable relief, the
reasons for the delay, and any prejudice to the opposing parties that results from the delay.
Ex parte Smith, 444 S.W.3d 661, 666–67 (Tex. Crim. App. 2014). And, importantly, the
court may consider and determine whether an applicant’s claims should be barred by laches
sua sponte. Id. at 667.
In Ex parte Smith, we set out some of the principles that justify a court’s sua sponte
consideration of the doctrine of laches. We explained:
. . . the path to a habeas corpus remedy is a costly one, exacting enormous
societal and administrative costs. Protracted habeas corpus litigation defers
convictions’ finality, undermines confidence in the integrity of our
procedures and inevitably delays and impairs the orderly administration of
justice. This in turn weakens the criminal law’s deterrent and rehabilitative
functions. There must come a time when a criminal conviction is final, when
the deterrent effects of certainty and immediacy of punishment outweigh an
inmate’s right to endlessly litigate an appeal of his conviction. Moreover, a
significant amount of judicial time, effort, and resources is expended in
addressing the nearly 5,000 applications for writs of habeas corpus this Court
received just last fiscal year, to say nothing about the equally taxing
obligations of the lower courts in conducting proceedings, entering findings
of fact and conclusions of law, and making recommendations on an
applicant’s request for relief. When a court is called upon to issue equitable
relief, the State’s failure to formally plead laches does not restrict a court’s
Sepeda — 3
ability to balance equities beyond those that the parties advocate. A court
may consider sua sponte the interests of the judicial system and society
generally because they implicate values that may stretch beyond the concerns
of the parties. Permitting courts to freely inquire about an applicant’s delay
broadly effectuates the maxim that he who seeks equity must do equity.
Id. at 667–68 (internal quotations and citations to authority omitted). 1
The doctrine of laches ought to be considered in a case like this one. Applicant’s
trial occurred in 2008, but this application was not filed until approximately thirteen years
later. In addition, the record is silent with regard to circumstances that may excuse
Applicant’s delay.
Consistent with this Court’s precedent, the trial court may, sua sponte, give
Applicant the opportunity to explain the reasons for the delay. It may also give the State
and/or former counsel for Applicant an opportunity to state whether Applicant’s delay has
caused any prejudice to their ability to defend against Applicant’s claims. And ultimately,
the trial court may include findings of fact and conclusions of law concerning the doctrine
of laches in its response to this Court’s remand order.
With these additional thoughts, I join the Court’s order.
FILED: June 16, 2021
DO NOT PUBLISH
1
The Court also explained, however, that “the habeas court should act on its own sparingly,
questioning only those applications demonstrating an excessive delay that undermines or obstructs
the principles and virtues the criminal-justice system promotes.” Id. at 668.