Magwood v. Patterson

Decision Date24 March 2010
Docket NumberNo. 09-158.,09-158.
Citation130 S.Ct. 2788,177 L. Ed. 2d 592
PartiesBilly Joe MAGWOOD, Petitioner, v. Tony PATTERSON, Warden, et al.
CourtU.S. Supreme Court

OPINION TEXT STARTS HERE

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Jeffrey L. Fisher, Stanford, CA, appointed by this Court, for petitioner.

Corey L. Maze, Solicitor General, Montgomery, AL, for respondents.

Troy King, Attorney General, Corey L. Maze, Solicitor General, Counsel of Record, Beth Jackson Hughes, J. Clayton Crenshaw, Assistant Attorneys General, Office of the Alabama Attorney General, Montgomery, AL, for respondents.

James A. Power Jr., Marguerite Del Valle, Power Del Valle LLP, New York, NY, Thomas C. Goldstein, Akin, Gump, Strauss Hauer & Feld LLP, Washington, DC, Jeffrey L. Fisher, Counsel of Record, Pamela S. Karlan, Stanford Law School, Supreme Court Litigation Clinic, Stanford, CA, Amy Howe, Kevin K. Russell, Howe & Russell, P.C., Bethesda, MD, for petitioner.

Justice THOMASdelivered the opinion of the Court, except as to Part IV-B.

PetitionerBilly Joe Magwood was sentenced to death for murdering a sheriff.After the Alabama courts denied relief on direct appeal and in postconviction proceedings, Magwood filed an application for a writ of habeas corpus in Federal District Court, challenging both his conviction and his sentence.The District Court conditionally granted the writ as to the sentence, mandating that Magwood either be released or resentenced.The state trial court conducted a new sentencing hearing and again sentenced Magwood to death.Magwood filed an application for a writ of...

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  • Rent-A-Center, West, Inc. v. Jackson, 09-497.
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    • 26 Abril 2010
  • Suggs v. United States
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 17 Enero 2013
    ...not the resentencing. The Supreme Court recently addressed a closely related but distinct question in Magwood v. Patterson, 561 U.S. ––––, 130 S.Ct. 2788, 177 L.Ed.2d 592 (2010), holding that a petitioner's second challenge to his sentence under 28 U.S.C. § 2254 was not barred as “second ......
  • Jordan v. Epps
    • United States
    • U.S. District Court — Southern District of Mississippi
    • 30 Agosto 2010
    ...Court, a subsequent habeas petition that attacks a different judgment is not "second or successive." Magwood v. Patterson, --- U.S. ----, 130 S.Ct. 2788, 177 L.Ed.2d 592 (2010); Burton v. Stewart, 549 U.S. 147, 127 S.Ct. 793, 166 L.Ed.2d 628 (2007). In the earlier case, Burton, the Supreme ......
  • Rent-A-Center, W., Inc. v. Jackson
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    • U.S. Supreme Court
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