Habeas relief: (…) He filed another
federal habeas application, challenging this new sentence on the grounds that
he did not have fair warning at the time of his offense that his conduct would
permit a death sentence under Alabama law; the Eleventh Circuit reversed,
holding in relevant part that Magwood’s challenge to his new death sentence was
an unreviewable “second or successive” challenge under 28 U. S. C. §2244(b)
because he could have raised his fair-warning claim in his earlier habeas
application; because Magwood’s habeas application challenges a new
judgment for the first time, it is not “second or successive” under §2244(b); Magwood counters that §2244(b) should not apply to a first
application challenging a new judgment intervening between habeas applications.
This Court agrees; both §2254(b)’s text and the relief it provides indicate
that “second or successive” must be interpreted with respect to the judgment
challenged; the State errs in contending that, if §2254 is relevant at all,
“custody” and not “judgment,” is the proper reference because unlawful
“custody” is the “substance” requirement for habeas relief. This argument is
unpersuasive. Section 2254 articulates the kind of custody that may be
challenged under §2254. Because §2254 applies only to custody pursuant to a
state court judgment, that “judgment” is inextricable and essential to relief (U.S.S.Ct.,
24.06.10, Magwood v. Patterson, J. Thomas).
Thursday, June 24, 2010
Magwood v. Patterson
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