In Re Samuel Zamudio Jimenez on Habeas Corpus

Summary

The court granted the capital petitioner's motion to amend a cursory habeas corpus petition filed before counsel completed the investigation, allowing the amended petition to be filed as of June 28, 2010. It held that the ordinary requirement to present habeas claims in a single petition may be relaxed when delayed appointment of capital habeas counsel creates a conflict between completing an adequate investigation and preserving federal habeas timing protections. Justice Corrigan, concurring in part and dissenting in part, agreed with the disposition but rejected the approval of cursory or “shell” petitions.