In Re Samuel Zamudio Jimenez on Habeas Corpus

Summary

The court held that extraordinary circumstances justified allowing a capital habeas petitioner to amend a cursory petition rather than requiring all claims to have been presented initially. The petitioner’s eight-and-one-half-year wait for appointed habeas counsel created a dilemma between conducting an adequate investigation and preserving potential federal habeas timing rights. The court therefore granted leave to amend and ordered the amended petition filed as of June 28, 2010. Corrigan, J., concurring in the disposition but dissenting from the approval of “shell” habeas corpus petitions, would have rejected the majority’s reasoning.