Federal Judiciary

Podcasts: Magwood v. Patterson

By Akin Gump Supreme Court Practice Group

Continuing our series of five-minute podcasts on oral argument days, we have two new podcasts below with the counsel from both sides of the second case to be argued this morning, Magwood v. Patterson (09-158).  At issue in the case is whether, when a person is re-sentenced after having obtained federal habeas relief from an earlier sentence, a claim in a federal habeas petition challenging that new sentencing judgment is 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.

For the petitioner, an amicus:

Professor John Blume, representing the National Association of Criminal Defense Lawyers

For the respondents, their counsel:

Corey Maze, Solicitor General of Alabama

[Disclosure: In connection with their work with the Stanford Supreme Court Litigation Clinic, Akin Gump and Howe & Russell represent the petitioner in this case.]

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Full post as published by SCOTUSBLOG on March 24, 2010 (boomark / email).