The court also considered Wood v. Milyard [transcript, PDF; JURIST report] to decide if the prosecution failing to raise a statute of limitations argument in response to plaintiff's writ of habeas corpus is an error that can be overturned. Further, specific to this case, if the state's assurance to the plaintiff that they would not raise a statute of limitations argument is enough to bind them to not be able to raise it later in proceedings. The petitioner, Patrick Wood's attorney, argued that the state of Colorado had acted strategically in raising to fail the claim and could not be rewarded for this. The Solicitor General of Colorado argued, in response, that the Supreme Court should, "recognize that courts are not bound by a State's failure to properly argue and preserve a procedural bar to a habeas claim; and second, to the extent there is an exception to that rule for deliberate waivers, the court should apply the common rule that a waiver must be unequivocal."