Habeas, Second or Successive

Magwood v Patterson, __ US __; 130 S Ct 2788; 177 L Ed 2d 592 (2010)(june’10). After winning sentencing relief in this Alabama death case, the state trial court sentenced Magwood to death a second time. Appealing that judgment of sentence, Magwood raised an issue that he did not have “fair warning” at the time of his offense that his conduct would permit a death sentence. The state argued that since he could have raised this issue in his initial appeal, it must be considered “second or successive” and thus barred. The Supreme Court held that “second or successive” is a term of art and should not be applied to the appeal of a completely new judgment of sentence.