In re Samuel Zamudio Jimenez on Habeas Corpus

Summary

The California Supreme Court addresses whether a capital defendant may defer consideration of a cursory habeas corpus petition to allow appointed counsel time to investigate and file an amended petition. The court holds that, under the extraordinary circumstances caused by the delayed appointment of capital habeas counsel and federal exhaustion and tolling concerns, departure from the usual single-petition requirement is appropriate. The court grants leave to amend and orders the amended petition filed as of June 28, 2010.

Holdings

1. Under the extraordinary circumstances presented, a departure from the general requirement that habeas corpus claims be presented in a single unamended petition is appropriate, and the petitioner may amend the cursory petition after appointed counsel has had a reasonable opportunity to investigate and develop additional claims.
2. The court treated petitioner's request to postpone consideration as a motion for leave to amend, granted that motion, denied the Attorney General's opposition, and ordered the amended petition filed as of June 28, 2010.

Questions Presented

1. Whether the Supreme Court of California should defer consideration of a cursory capital habeas corpus petition to permit appointed counsel to complete its investigation and file an amended petition.
2. Whether the court's general requirement that habeas corpus claims be presented in a single petition permits an exception under extraordinary circumstances caused by delayed appointment of capital habeas counsel and the resulting federal limitations-period dilemma.

Disposition

other