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Successive Petitions

Today the Supreme Court dropped the other shoe left from Burton v. Stewart, 549 U.S. 147 (2007).  When a state prisoner gets federal habeas relief on punishment but not guilt and is then resentenced, does the successive petition rule bar any claims in a new habeas petition that could have been raised in the first one?

No, says the Court in Magwood v. Patterson. Interesting lineup on this one. Justice Thomas writes the opinion, joined by Justice Scalia in full and by Justices Stevens, Breyer, and Sotomayor in all but one part. Justice Kennedy dissents joined by CJ Roberts and Justices Ginsburg and Alito. Justices Breyer, Stevens, and Sotomayor don't like the part of Justice Thomas's opinion that they think tends to undermine Panetti v. Quarterman, 551 U.S. 930 (2007).

I expect to have more to say on this interesting opinion later.

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