Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Magwood v. Patterson

Docket No. Op. Below Argument Opinion Vote Author Term
09-158 11th Cir. Mar 24, 2010
Tr.
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.

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