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Magwood v. Patterson, No. 09-158 (U.S. Supreme Court) (561 U.S. 320; 130 S.Ct. 2788) (June 24, 2010) (Justice Thomas)

Here the Court held that when a state prisoner obtains federal habeas relief and is re-sentenced, a subsequent habeas application challenging the new judgment is not “second or successive,” even if he could have raised that issue earlier.

In another decision involving the still controversial Antiterrorism and Effective Death Penalty ...

 

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