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A bit more waiting for an answer to the Ninth Circuit’s habeas question

December 18, 2015

It took longer than expected for the Supreme Court to decide it will answer a Ninth Circuit question about California habeas corpus law in Robinson v. Lewis.  Now, after granting the request for an answer on Wednesday, the Supreme Court is saying there might be a wait for the answer itself.  The court today ordered further action — including briefing — deferred until it decides “whether to restate the question of California law to be decided.”  (See Cal. Rules of Court, rule 8.548(f)(5) [“At any time, the Supreme Court may restate the question or ask the requesting court to clarify the question”].)

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