Yesterday, the Supreme Court granted cert. in a capital habeas case entitled Magwood v. Culliver. The issue, according to SCOTUSblog, is:
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?
That's a mouthful for a question presented. It took me two reads to fully grasp it. From first blush, it appears to be procedurally unique. Not quite sure how much impact any decision in this case will have.
SCOTUSblog has more coverage of the case here. In fact, the NYTimes covers it today. Notably, the headline - "30 Years After Murder, Is His Appeal Too Late?" - seems to have been written by Respondent.
I haven't spoken too much about second or successive petitions around here. I guess Magwood will give me a good opportunity to discuss some of those issues as the argument approaches.
