Thomas Raises ‘Fishing Expedition’ Concern in Habeas Dispute (1)

Supreme Court Justice Clarence Thomas expressed concern that a death-row inmate with 20 bullet fragments in his brain is on a “fishing expedition” to win his habeas claim.

Thomas worried at argument on Tuesday that there wasn’t a limiting principle to Raymond Twyford’s attempt to get brain imaging, which Twyford sought for his ineffective assistance claim against counsel who failed to press mitigating evidence.

The issues at the high court are whether the federal district court could order Twyford transported for imaging and what he had to prove ahead of time.

How the court rules could affect other prisoners’ claims ...