§ 2254 Petition Addressing Resentencing Is Not Second or Successive, Even If Prior Petition Was Filed

In Magwood v. Patterson, the United States Supreme Court held that a when a defendant files a § 2254 Petition which is granted, a subsequent § 2254 Petition challenging the new sentence is not “second or successive,” and therefore not subject to the constraints of § 2244(b) — which requires, among other things, leave from the Court of Appeals.

The Court held that the subsequent Petition was the first application challenging the new judgment, noting that the errors alleged were new — even those errors which could have been brought in the initial § 2254 Petition.