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Decided

Magwood v. Patterson

Docket No.09-158
Op. Below11th Circuit
ArgumentMar 24, 2010

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 Clarence Thomas on Jun 24, 2010. Justice Kennedy dissented, joined by the Chief Justice and Justices Ginsburg and Alito.

Proceedings & orders timeline

Jun 10, 2009
Application (08A1116) to extend the time to file a petition for a writ of certiorari from June 22, 2009 to August 7, 2009, submitted to Justice Thomas.
Jun 15, 2009
Application (08A1116) granted by Justice Thomas extending the time to file until August 7, 2009.
Aug 4, 2009
Petition for a writ of certiorari filed. (Response due September 8, 2009)
Sep 9, 2009
Order extending time to file response to petition to and including October 8, 2009.
Oct 8, 2009
Brief of respondent Grantt Culliver, Warden in opposition filed.
Oct 21, 2009
DISTRIBUTED for Conference of November 6, 2009.
Oct 21, 2009
Reply of petitioner Billy Joe Magwood filed. (Distributed)
Nov 9, 2009
DISTRIBUTED for Conference of November 13, 2009.
Nov 16, 2009
Petition GRANTED limited to Question 1 presented by the petition.
Nov 23, 2009
Motion to appoint counsel filed by petitioner Billy Joe Magwood.
Nov 23, 2009
Motion for leave to proceed further herein in forma pauperis filed by petitioner Billy Joe Magwood.
Dec 2, 2009
Motion DISTRIBUTED for Conference of January 8, 2010.
Dec 17, 2009
Motion to dispense with printing the joint appendix filed by petitioner Billy Joe Magwood.
Dec 22, 2009
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including January 4, 2010.
Dec 29, 2009
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents in this case.
Jan 4, 2010
SET FOR ARGUMENT ON Wednesday, March 24, 2010.
Jan 4, 2010
Brief of petitioner Billy Joe Magwood filed.
Jan 11, 2010
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 11, 2010
Motion for leave to proceed in forma pauperis filed by petitioner GRANTED.
Jan 11, 2010
Motion to appoint counsel filed by petitioner GRANTED. Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the petitioner in this case.
Jan 11, 2010
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jan 22, 2010
CIRCULATED.
Feb 2, 2010
Record from U.S.C.A. for 11th Circuit is electronic.
Feb 3, 2010
Brief of respondents Tony Patterson, Warden, et al. filed. (Distributed)
Feb 4, 2010
Record from U.S.D.C. for Middle District of Alabama. (2 boxes)
Feb 4, 2010
Additional record received from U.S.C.A. for 11th Circuit. (1 envelope)
Feb 10, 2010
Brief amici curiae of South Carolina, et al. filed. (Distributed)
Mar 3, 2010
Additional Record received from U.S.D.C. for Middle District of Alabama. (1 box) There are sealed documents in this case.
Mar 5, 2010
Reply of petitioner Billy Joe Magwood filed. (Distributed)
Mar 24, 2010
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court.) For respondents: Corey L. Maze, Solicitor General, Montgomery, Ala.
Jun 24, 2010
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, except as to Part IV-B. Scalia, J., joined in full, and Stevens, Breyer, and Sotomayor, JJ., joined, except as to Part IV-B. Breyer, J., filed an opinion concurring in part and concurring in the judgment, in which Stevens and Sotomayor, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Alito, JJ., joined.
Jul 26, 2010
Judgment Issued
Aug 2, 2010
Record returned to U.S.C.A. for 11th Circuit.
Aug 2, 2010
Record returned to U.S.D.C. for Middle District of Alabama.

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