Supreme Court of California

Defendant's cursory one-claim habeas petition, requesting for a deferment of a decision on the petition until his habeas counsel had an adequate opportunity to investigate various factual and legal matters that might lead to additional claims regarding defendant's 1998 capital murder conviction (to be presented in an amended petition) is granted as a departure from the requirement that generally a habeas corpus petitioner must raise all claims in a single unamended petition is appropriate under the extraordinary circumstances of this case where defendant invoked his statutory right to the court's appointment of habeas corpus counsel to challenge his conviction and death sentence, and had to wait eight and one-half years for counsel's appointment.

Appellate Information

• Decided 08/30/2010
• Published 08/30/2010

Judges

• KENNARD

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Michael Laurence, Edmund G. Brown, Jr