The CCA gave instructions on how to correct the error in the future, but dismissed the application (without prejudice) and advised the applicant that he could refile using the clarified procedure if he wants to have his application considered. What? Seriously? The CCA accepts responsibility for the error in the application, but dismisses the application and makes the applicant refile? Why not just consider the application now?
Judge Johnson expressed similar shock at the Court's opinion HERE. In her dissenting opinion, she states:
The difficulty in this case arose because this Court’s prescribed form for an application for a writ of habeas corpus did not require what is now held to be required. Today we change the rules, yet hold an applicant, who properly filed his application on the old form, to the new rules. On a basis of which he had no knowledge, we now dismiss his petition and tell him to refile. This strikes me as unjust. This Court’s form created the problem, and this Court should not use that court created problem to place a new burden on this applicant and other applicants who, as of the date of the issuance of the Court’s opinion, had properly filed applications on the old form.