MAGWOOD v. PATTERSON

No. 09-158.

130 S.Ct. 2788 (2010)

561 U.S. 320

Billy Joe MAGWOOD, Petitioner, v. Tony PATTERSON, Warden, et al.

Supreme Court of United States.

Decided June 24, 2010.


Attorney(s) appearing for the Case

Jeffrey L. Fisher, Stanford, CA, appointed by this Court, for petitioner.

Corey L. Maze, Solicitor General, Montgomery, AL, for respondents.

Troy King, Attorney General, Corey L. Maze, Solicitor General, Counsel of Record, Beth Jackson Hughes, J. Clayton Crenshaw, Assistant Attorneys General, Office of the Alabama Attorney General, Montgomery, AL, for respondents.

James A. Power Jr., Marguerite Del Valle, Power Del Valle LLP, New York, NY, Thomas C. Goldstein, Akin, Gump, Strauss Hauer & Feld LLP, Washington, DC, Jeffrey L. Fisher, Counsel of Record, Pamela S. Karlan, Stanford Law School, Supreme Court Litigation Clinic, Stanford, CA, Amy Howe, Kevin K. Russell, Howe & Russell, P.C., Bethesda, MD, for petitioner.


Justice THOMAS delivered the opinion of the Court, except as to Part IV-B.

Petitioner Billy Joe Magwood was sentenced to death for murdering a sheriff. After the Alabama courts denied relief on direct appeal and in postconviction proceedings, Magwood filed an application for a writ of habeas corpus in Federal District Court, challenging both his conviction and his sentence. The District Court conditionally granted the writ as to the sentence, mandating that Magwood...

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