Magwood v. Culliver

From ScotusWiki

To be argued March 24, 2010

Docket: 09-158

Issue: Limited by the Court to this first question only: When a person is resentenced after having obtained federal habeas relief from an earlier sentence, is a claim in a federal habeas petition challenging that new sentencing judgment a “second or successive” claim under 28 U.S.C. § 2244(b) if the petitioner could have challenged his previous sentence on the same constitutional grounds?

Note: Lawyers representing the petitioner are associated with Howe & Russell, a sponsor of this blog.

Contents 1 Briefs and Documents 1.1 Merits Briefs 1.2 Amicus Briefs 1.3 Certiorari-Stage Documents 2 Links and Further Information 2.1 Media Links 2.2 From the Blogosphere

Briefs and Documents

Merits Briefs

• Brief for Petitioner
• Joint Appendix

Amicus Briefs

• Brief for the National Association of Criminal Defense Lawyers, Federal Public Defenders and Community Defenders, and the Association of Federal Public Defenders in Support of Petitioner

Certiorari-Stage Documents

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

Links and Further Information

Media Links

• New York Times: 30 Years After Murder, Is His Appeal Too Late? (Nov. 16, 2009)

From the Blogosphere

• SCOTUSblog: Court Adds One New Case (Nov. 16, 2009)
• Sentencing Law and Policy: SCOTUS Adds a Habeas Case (With a Sentencing Spin) to its Docket (Nov. 16, 2009)