This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
Oral argument began at 11:04 a.m. before the Supreme Court of the United States.
Justice Breyer asked for a precise distinction regarding the brief’s language.
Justice Sotomayor asked whether a waiver is the intentional abandonment of a known right.
According to Justice Ginsburg, justice Ginsburg emphasized the principle of party presentation, stating that the party raises the issue and the appellate court is a court of review, not first view.
What each side argues
Petitioner (Patrick Wood) Position
According to Ms. Lord, the State’s reliance on a new‑fangled notion of abandonment under Colorado law would require a hearing and factual development, making the timeliness defense complex and difficult to raise.
According to Kathleen A. Lord, the problems with the rulings urged by the amicus and the State include that AEDPA does not contemplate a wide latitude for the 1‑year federal timing statute of limitations to be resurrected in the courts of appeal.
Respondent (Kevin Milyard, Warden) Position
According to Mr. Domenico, courts are not bound by a State’s failure to properly argue and preserve a procedural bar to a habeas claim, as recognized in Granberry v. Greer.
What happened at oral argument
According to Justice Breyer, justice Breyer requested a precise distinction regarding the brief’s language.
Justice Sotomayor asked whether a waiver is the intentional abandonment of a known right.
According to Justice Ginsburg, justice Ginsburg emphasized the principle of party presentation, noting that the party raises the issue and the appellate court is a court of review.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 6c2bee27456e5b0bda79-r1-6c65bc3a65ac746b.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.