2009 Supreme Court term

BILLY JOE MAGWOOD v. TONY PATTERSON, WARDEN, ET AL.

Dockets 09-158Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Billy Joe Magwood was found guilty and sentenced to death by electrocution.

Background and question before the Court

The State argued that a claim that could have been raised in a prior petition is barred by Section 2244(2) or (1).

Justices questioned whether the State’s definition complied with the concept of a “second or successive” petition under Section 2244.

Justice Alito noted that Section 2244 does not reference “judgment” in subsection (b) and asked why the concept of a judgment was being introduced.

What each side argues

State Position

The State proposes that any claim that could have been raised in a prior petition is barred by Section 2244(2) or (1).

According to State, the State seeks a brand‑new waiver system that has never been imposed, citing three prior Supreme Court decisions (Burton, Richmond, and another).

Petitioner Position

Petitioner argues that a claimant has one full and fair opportunity to litigate a claim; raising the claim in the first petition is not abusive, citing McCleskey.

What happened at oral argument

According to Justice Alito, justice Alito questioned why the concept of a judgment was being introduced under Section 2244(b).

Justice Kennedy asked how the State’s definition complied with the idea of a “second or successive” petition.

According to Justice Scalia, justice Scalia probed the distinction between “second” and “successive” petitions.

Justice Ginsburg noted that Mr. Fisher used the word “claim” differently.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 146e6e4eea6876d265be-r1-f7461f774c4aa36f.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.