Opinion
S228137
05-25-2016
ROBINSON (JULIUS M.) v. LEWIS (G.W.)
Briefing ordered in previously Held case
Pursuant to California Rules of Court, rule 8.548(f)(5), the court restates the question as follows: When a California court denies a claim in a petition for writ of habeas corpus, and the petitioner subsequently files the same or a similar claim in a petition for writ of habeas corpus directed to the original jurisdiction of a higher court, what is the significance, if any, of the period of time between the earlier petition's denial and the subsequent petition's filing (66 days in this case) for the purpose of determining the subsequent claim's timeliness under California law?
For the purposes of briefing and oral argument, petitioner Robinson is deemed the petitioner in this court. (Cal. Rules of Court, rule 8.520(a)(6).) Petitioner in this case is now directed to serve and file, within 30 days of the filing of this order, an opening brief on the merits. Additional briefing is to be served and filed in a timely fashion. (See Cal. Rules of Court, rule 8.520.)