Magwood v. Patterson
| Decision Date | 24 March 2010 |
| Docket Number | No. 09-158.,09-158. |
| Citation | 130 S.Ct. 2788,177 L. Ed. 2d 592 |
| Parties | Billy Joe MAGWOOD, Petitioner, v. Tony PATTERSON, Warden, et al. |
| Court | U.S. Supreme Court |
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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.
Petitioner Billy 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 habeas corpus in federal court challenging this new sentence. The District Court once again conditionally granted the writ, finding constitutional defects in the new sentence. The Court of Appeals for the Eleventh Circuit reversed, holding in relevant part that Magwood's challenge to his new death sentence was an unreviewable "second or successive" challenge under 28 U.S.C.
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...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 ......
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