CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, 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?

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