Magwood v. Patterson
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
09-158 | 11th Cir. | Mar 24, 2010 | Jun 24, 2010 | 5-4 | Thomas | OT 2009 |
Disclosure: Akin Gump and Howe & Russell represent the petitioner in this case.
Holding: A state prisoner can often petition a federal court for a writ of habeas corpus, challenging her state court conviction or sentence. But she generally may not file a second or successive? application for habeas relief. In Magwood, the defendant prevailed on habeas and had his case sent back to the state courts for a new sentencing proceeding, After the state court imposed the same sentence again, he again sought federal habeas relief. This time, he raised a new argument that could have been in his initial application but was not. The Supreme Court held that when a state prisoner obtains federal habeas relief and is re-sentenced, a habeas application challenging the new judgment is not “second or successive,? even if the prisoner could have challenged the original sentence on the same ground.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Clarence Thomas on June 24, 2010. Justice Kennedy dissented, joined by the Chief Justice and Justices Ginsburg and Alito.
SCOTUSblog Coverage
- Challenge to new judgment not second or successive (Matthew Scarola, June 25, 2010)
- Court rules in favor of capital defendant in Magwood v. Patterson (Kevin Russell, June 24, 2010)
- What constitutes a "second or successive" petition in habeas challenges to death sentences? (Anna Christensen, March 26, 2010)
- Raising previously available claims in new death penalty habeas petitions (Anna Christensen, March 17, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Billy Joe Magwood
- Joint Appendix
- Brief for Respondent Tony Patterson
- Reply Brief for Petitioner Billy Joe Magwood
[edit] Amicus Briefs
Certiorari-stage documents
- Opinion below (11th Circuit)
Merits Briefs
- Brief for Petitioner Billy Joe Magwood
- Joint Appendix
- Brief for Respondent Tony Patterson
- Reply Brief for Petitioner Billy Joe Magwood
[edit] Amicus Briefs
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