Capital Litigation and the Death Penalty

New facts or new law can develop between the point at which some one is represented in their federal habeas proceedings and the moment at which a death warrant is signed. Lots of different reasons why capital litigation ends up proceeding very close to the end of the case, after a warrant has been signed. And it's just not unusual for there to be last minute capital ation; but some justices are extremely dismissive of what they see as last minute capital litigation.