Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

"Repeated contacts with the criminal justice system, consultation with attorneys and incarceration in a penal institution with legal facilities are all facts from which the fact finder may infer knowledge."
- in Moser v. State, 1990 and 23 similar citations
"For laches to bar relief, the State must prove by a preponderance of the evidence, first, that the petitioner unreasonably delayed in seeking relief and, second, that the State has been prejudiced by the delay."
- in Holland v. State, 1993 and 17 similar citations
Unless a petitioner has knowledge of a defect in the conviction or of the means to seek relief from the conviction, he can seldom be said to have delayed unreasonably in seeking relief.
- in Shelburne v. State, 1989 and 15 similar citations
The State is required to present objective facts from which the finder of fact may draw a reasonable inference of a petitioner's knowledge of his post-conviction rights in order to support a finding of laches.
- in Rose v. State, 1987 and 6 similar citations
The doctrine of laches cannot be predicated upon constructive knowledge and inquiry notice alone is not sufficient to support a finding of unreasonable delay under circumstances permitting diligence.
- in Gehl v. State, 2014 and 4 similar citations
We have defined laches as " `neglect for an unreasonable or unexplained length of time, under circumstances permitting diligence, to do what in law should have been done.'"
- in Williams v. State, 1999 and 5 similar citations
It is an implied waiver arising from knowledge of existing conditions and an acquiescence in them, the neglect to assert a right, as taken in conjunction with the lapse of time, more or less great, and other circumstances causing prejudice to the adverse party and thus operating as a bar in a court of equity.
- in Balderas v. State, 2018 and 4 similar citations

Cited by

73 NE 3d 677 - Ind: Supreme Court 2017
716 NE 2d 897 - Ind: Supreme Court 1999
676 NE 2d 356 - Ind: Court of Appeals 1997
671 NE 2d 1190 - Ind: Court of Appeals 1996
590 NE 2d 635 - Ind: Court of Appeals, 3rd Dist. 1992
562 NE 2d 1318 - Ind: Court of Appeals, 2nd Dist. 1990
Ind: Court of Appeals 2014
609 NE 2d 429 - Ind: Court of Appeals, 5th Dist. 1993
540 NE 2d 146 - Ind: Court of Appeals, 3rd Dist. 1989
515 NE 2d 566 - Ind: Court of Appeals, 3rd Dist. 1987