Magwood v. Patterson

Summary

Justice Kennedy, joined by the Chief Justice, Justice Ginsburg, and Justice Alito, dissents, arguing the Court misinterprets AEDPA's "second or successive" bar. He contends the correct claim-based approach from Panetti should bar Magwood's second petition since the claim was available earlier. Kennedy would affirm the Court of Appeals. Justice Breyer concurred in part and in the judgment, noting Panetti addresses claims against the same judgment.