Legal Opinion

Alonzo Suggs v. United States

Court of Appeals for the Seventh Circuit

Decided January 17, 2013No. 10-3944PublishedCited by 60 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

This appeal depends on a nuance of habeas corpus practice under the Antiter-rorism and Effective Death Penalty Act of 1996 (AEDPA). The specific issue is whether a second-in-time motion filed under 28 U.S.C. § 2255 is barred as “second or successive” when a prisoner has been resentenced pursuant to a successful first section 2255 motion, and the new motion challenges only the underlying conviction, not the resentencing. The Supreme Court recently addressed a closely related but distinct question in Magwood v. Patterson, 561 U.S.-, 130 S.Ct. 2788, 177 L.Ed.2d 592…

2Cases cited18 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. McCleskey v. ZantSupreme Court of the United States · 1991
  5. Gonzalez v. CrosbySupreme Court of the United States · 2005

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3Cited by60 opinions

  1. Mitchell A. Insignares v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2014
  2. DeLawrence King v. Donald MorganCourt of Appeals for the Sixth Circuit · 2015
  3. Montana v. CrossCourt of Appeals for the Seventh Circuit · 2016
  4. Juan White v. United StatesCourt of Appeals for the Seventh Circuit · 2014
  5. Corey Woodfolk v. Gary MaynardCourt of Appeals for the Fourth Circuit · 2017

55 more not listed; retrieve them via the Exa API.

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