March 22, 2010
This week's crim law/procedure argument
Summary of issue is from ScotusWiki, which also links to briefs and opinions below:
- Magwood v. Patterson: 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?
March 22, 2010 | Permalink