Next week, the U.S. Supreme Court will hear oral arguments in two cases that originated in the EDCA. First, on Monday, November 29, the Court will consider whether a California rule requiring that state habeas petitions be filed without "substantial delay" is too vague and inconsistently applied to bar an otherwise timely federal habeas corpus petition. See Walker v. Martin, No. 09-996. The EDCA Federal Defender joined forces with the federal defender offices in the three other California districts in submitting this Joint FD Amicus Brief. Good luck to Sacramento attorney Michael Bigelow who represents the habeas petitioner (and Respondent in the Supreme Court) Charles W. Martin.
The next day, November 30, the Supreme Court will hear argument over the 3-judge, district court ruling that limited the population in California prisons to remedy unconstitutional prison conditions. See Schwarzenegger v. Plata, No. 09-1233. The Supreme Court briefs and lower court opinions in both cases are available at the links above.