At 11:00 a.m. this morning, the Supreme Court is going to hear oral argument in the habeas case of Magwood v. Patterson.
As stated today at SCOTUSblog, the issue is: whether, when a person is re-sentenced after having obtained federal habeas relief from an earlier sentence, a claim in a federal habeas petition challenging that new sentencing judgment is 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.
My previous discussion of the case was here.
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