In Re Edward Patrick Morgan on Habeas Corpus — Corrigan, J., Concurring

Summary

Justice Corrigan concurred in the disposition because the petitions appeared to have been filed in reliance on the court's informal practice of accepting shell habeas petitions, but she disagreed with approving that practice. She reasoned that shell petitions are placeholders designed to toll the federal limitations period, provide no state benefit, delay capital proceedings, burden the court, and conflict with California's rules requiring known habeas claims to be presented timely and together. She advocated ending the practice and using the federal stay-and-abeyance procedure instead.