magwood patterson warden et argued march decided june petitioner magwood sentenced death murder alabama courts denied relief direct appeal postconviction proceedings sought federal habeas relief district conditionally granted writ sentence mandating released resentenced state trial sentenced death second time filed another federal habeas application challenging new sentence grounds fair warning time offense conduct permit death sentence alabama law attorney rendered ineffective assistance resentencing proceeding district conditionally granted writ eleventh circuit reversed holding relevant part magwood challenge new death sentence unreviewable second successive challenge raised claim earlier habeas application held judgment reversed case remanded reversed remanded justice thomas delivered opinion except part concluding magwood habeas application challenges new judgment first time second successive pp case turns claim deemed arise second successive habeas corpus application state contends amended antiterrorism effective death penalty act aedpa read bar claims prisoner prior opportunity present one opportunity rule magwood claim second successive opportunity raise first application magwood counters apply first application challenging new judgment intervening habeas applications agrees phrase second successive defined aedpa term art slack mcdaniel determine meaning looks first statutory context section limitations apply habeas corpus application application behalf person custody pursuant judgment state text relief provides indicate second successive must interpreted respect judgment challenged petitioner seeks invalidation judgment authorizing confinement wilkinson dotson conditional writ granted state may seek new judgment new trial new sentencing proceeding ibid state errs contending relevant custody judgment proper reference unlawful custody substance requirement habeas relief argument unpersuasive section articulates kind custody may challenged applies custody pursuant judgment judgment inextricable essential relief requirement distinguishes statutes permitting constitutional relief see state custody rule also difficult justify applying second successive subsequent application filed prisoner release require prisoner remains continuous custody unrelated conviction satisfy strict rules challenge unrelated conviction first time nothing statutory text context supports anomalous result pp also convinced state argument one opportunity rule consistent statute adopted better reflects aedpa purpose preventing piecemeal litigation gamesmanship aedpa uses second successive modify application claim state contends refused adopt interpretation elid difference artuz bennett state reading also reflects fundamental error undermine render superfluous much circumstances increase restrictions review applying rules imposes restrictions others decrease restrictions review applying lenient rules mandates stricter requirements pp interpretation consistent precedents none cases state invokes wong doo applies second successive application challenging new judgment cases shed light question presented cases contradict approach adopted burton stewart comes close addressing threshold question whether application second successive challenges new judgment decision confirms existence new judgment dispositive holding petitioner habeas petitions challenged judgment burton expressly recognized new judgment intervening habeas petitions result might different intervening judgment magwood first application challenging intervening judgment magwood challenges trial error first sentencing new error conducted full resentencing reviewed aggravating evidence afresh pp magwood attempted challenge underlying conviction occasion address state objection reading allows petitioner obtains conditional writ sentence file subsequent application challenging resulting new sentence also original undisturbed conviction address whether magwood claim procedurally defaulted whether eleventh circuit erred rejecting claim pp thomas delivered opinion except part scalia joined full stevens breyer sotomayor joined except part breyer filed opinion concurring part concurring judgment stevens sotomayor joined kennedy filed dissenting opinion roberts ginsburg alito joined billy joe magwood petitioner tony patterson warden et al writ certiorari appeals eleventh circuit june justice thomas delivered opinion except part petitioner billy joe magwood sentenced death murdering sheriff alabama courts denied relief direct appeal postconviction proceedings magwood filed application writ habeas corpus federal district challenging conviction sentence district conditionally granted writ sentence mandating magwood either released resentenced state trial conducted new sentencing hearing sentenced magwood death magwood filed application writ habeas corpus federal challenging new sentence district conditionally granted writ finding constitutional defects new sentence appeals eleventh circuit reversed holding relevant part magwood challenge new death sentence unreviewable second successive challenge mounted challenge original death sentence granted certiorari reverse magwood habeas challenges new judgment first time second successive conviction drug offense magwood served several years coffee county jail elba alabama watch sheriff neil grantham incarceration magwood long history mental illness became convinced grantham imprisoned without cause vowed get even upon release magwood followed threat morning march shortly release parked outside jail awaited sheriff arrival grantham exited car magwood shot fled scene magwood indicted grand jury murder sheriff capital offense alabama code tried prosecution asked jury find magwood guilty aggravated murder charged indictment sought death penalty magwood pleaded guilty reason insanity however jury found guilty capital murder imposed sentence death based aggravation charged indictment accordance alabama law trial reviewed basis jury decision see although find existence statutory aggravating circumstance relied ex parte kyzer find murder sheriff duty official acts capital felony definition involves aggravation sufficient death trial found magwood young age time offense lack significant criminal history qualified mitigating factors found mitigation related magwood mental state weighing aggravation two mitigating factors approved sentence death alabama courts affirmed see magwood state crim app ex parte magwood denied certiorari magwood alabama alabama set execution date july magwood filed coram nobis petition application stay execution trial held hearing petition denied relief july eight days scheduled execution magwood filed application writ habeas corpus district granted stay execution briefing parties district upheld magwood conviction vacated sentence conditionally granted writ based trial failure find statutory mitigating circumstances relating magwood mental see magwood smith supp md appeals affirmed see magwood smith response conditional writ state trial held new sentencing proceeding september time judge found magwood mental state well age lack criminal history qualified statutory mitigating circumstances found magwood capital felony included sufficient aggravation render death eligible proposed findings magwood attorney agreed magwood offense rendered death eligible argued death sentence inappropriate light mitigating factors trial imposed penalty death stating record new judgment sentence result complete new assessment evidence arguments counsel law sentencing tab alabama courts affirmed see magwood state crim app ex parte magwood denied certiorari see magwood alabama magwood filed petition relief alabama former temporary rule criminal procedure rule crim proc rule petition claiming inter alia death sentence exceeded maximum sentence authorized statute death sentence violated fifth eighth fourteenth amendments rested upon unforeseeable interpretation capital sentencing statute attorney rendered ineffective assistance counsel resentencing trial denied relief held statutory basis magwood death sentence affirmed direct appeal relitigated trial also held magwood attorney played substantive role resentencing obligation dispute aggravation given district required trial consider additional mitigating factors magwood appealed denial rule petition arguing inter alia sentence unconstitutional fair warning offense punished death received constitutionally ineffective assistance counsel resentencing see record appeal crim app tab pp alabama criminal appeals affirmed citing decision direct appeal propriety death sentence see magwood state citing kyzer jackson state crim app alabama denied certiorari see see magwood alabama april magwood sought leave file second successive application writ habeas corpus challenging judgment conviction see requiring authorization appeals file second successive application appeals denied request see magwood simultaneously filed petition writ habeas corpus challenging new death sentence district conditionally granted see magwood culliver supp md petition magwood argued sentence unconstitutional fair warning time offense conduct sufficient warrant death sentence alabama law attorney rendered ineffective assistance resentencing proceeding addressing merits magwood claim district sua sponte considered whether application barred successive petition concluded abeas petitions challenging constitutionality resentencing proceeding successive petitions challenge underlying conviction original sentence citing hertz liebman federal habeas corpus practice procedure ed petitioner files second subsequent petition challenge criminal judgment one attacked earlier petition said two petitions emphasis original district rejected state argument magwood procedurally defaulted claim failing present adequately state courts noting magwood presented claim rule petition appeal denial petition see supp supra addressing merits district ruled magwood death sentence unconstitutional time offense conduct magwood fair notice sentenced death absent least one aggravating circumstance enumerated former code supp district also found state grounds rejecting magwood claim unreasonable light clearly established federal law noting magwood attorney fact engaged substantively complete new resentencing although attorney expected object grounds foreclosed precedent clearly ineffective failing raise federal claim internal quotation marks omitted appeals reversed relevant part see concluded first step determining whether applies separate new claims challenging resentencing old claims presented prior application internal quotation marks omitted appeals approach claim challenge new amended component sentence regarded part first petition claim challenge component original sentence amended regarded part second petition ibid applying test held magwood claim challenged trial reliance allegedly improper aggravating factor trial relied upon magwood original sentence claim governed restrictions second successive habeas applications appeals dismissed claim magwood argue reviewable one exceptions general rule requiring dismissal claims first presented successive see granted certiorari determine whether magwood application challenging death sentence imposed part resentencing response conditional writ district subject constraints imposes review second successive habeas applications ii amended antiterrorism effective death penalty act aedpa provides relevant part claim presented second successive habeas corpus application section presented prior application shall dismissed claim presented second successive habeas corpus application section presented prior application shall dismissed unless applicant shows claim relies new rule constitutional law made retroactive cases collateral review previously unavailable factual predicate claim discovered previously exercise due diligence ii facts underlying claim proven viewed light evidence whole sufficient establish clear convincing evidence constitutional error reasonable factfinder found applicant guilty underlying offense case turns meaning phrase second successive specifically turns claim deemed arise second successive habeas corpus application application second successive petitioner must obtain leave appeals filing district see district must dismiss claim presented authorized second successive application unless applicant shows claim satisfies certain statutory requirements see thus magwood application second successive district dismissed entirety failed obtain requisite authorization appeals however magwood application second successive subject claim reviewable absent procedural default state contends although amended aedpa applies phrase second successive application statute brief respondents laims applications barred citing artuz bennett according state phrase read reflect principle prisoner entitled one one full fair opportunity wage collateral attack see brief respondents citing beyer litscher internal quotation marks omitted state asserts one opportunity rule magwood claim successive opportunity raise first application see brief respondents magwood contrast reads apply second successive application challenging judgment according magwood resentencing led new judgment first application challenging new judgment second successive apply agree begin text although congress define phrase second successive used modify habeas corpus application section well settled phrase simply refe applications filed second successively time panetti quarterman see creating exceptio second application raising claim unripe petitioner presented first application stewart treating second application part first application premised newly ripened claim dismissed first application premature slack mcdaniel declining apply second application district dismissed first application lack exhaustion described phrase second successive term art determine meaning look first statutory context limitations imposed apply habeas corpus application application writ habeas corpus behalf person custody pursuant judgment state emphasis added reference judgment significant term application defined vacuum petitioner applying something petition seeks invalidation whole part judgment authorizing prisoner confinement wilkinson dotson emphasis added petition results district granting writ state may seek new judgment new trial new sentencing proceeding ibid emphasis original thus text relief provides indicate phrase second successive must interpreted respect judgment challenged state disagrees contending relevant focus statute reference judgment reference custody brief respondents compare establishing rules review application writ habeas corpus behalf person custody pursuant judgment state emphasis added specifying application may entertained ground petitioner custody violation constitution laws treaties emphasis added state explains unlawful custody key whereas held pursuant judgment merely requirement brief respondents quoting liebman hertz federal habeas corpus practice procedure find argument unpersuasive section articulates kind confinement may challenged ground petitioner held violation constitution laws treaties requirement custody pursuant judgment distinguishes statutory provisions authorizing relief constitutional violations allows challenges judgments federal courts allows suits state local officials custody crucial purposes inextricable judgment authorizes state custody rule difficult justify another reason state approach applying phrase second successive subsequent application filed prisoner release mean prisoner remains continuous custody completely unrelated conviction satisfy strict rules review challenge unrelated conviction first time nothing statutory text context supports much less requires anomalous result see beyer prisoner entitled one collateral attack per judgment rather one attack per stretch imprisonment cf dotson supra scalia concurring hen habeas petitioner challenges one several consecutive sentences may invalidate challenged sentence even though prisoner remains custody serve others iii appearing recognize magwood stronger textual argument state argues rule based statutory purpose according state one opportunity rule consistent statutory text better reflects aedpa purpose preventing piecemeal litigation gamesmanship persuaded aedpa uses phrase second successive modify application see state reads phrase modify claims see brief respondents congress intent aedpa eradicate successive claims replace actual text speculation congress intent previously found congress use word application significant refused adopt interpretation elid difference artuz see also gonzalez crosby purposes habeas relief filing contains one therefore although agree state many rules focus claims entitle us rewrite statute make phrase second successive modify claims state reading leads second fundamental error state one opportunity rule phrase second successive apply claim petitioner full fair opportunity raise prior application phrase second successive apply claim petitioner full fair opportunity raise previously reading considerably undermine render superfluous exceptions dismissal set forth section describes circumstances claim presented earlier may considered intervening retroactive case law newly discovered facts suggesting reasonable factfinder found applicant guilty underlying offense ii either circumstance petitioner said prior opportunity raise claim state rule claim successive apply true even claim raised second application challenging addition duplicating exceptions circumstances state rule dilute others whereas exception dismissal claims presented prior application applies facts provide clear convincing evidence constitutional error reasonable factfinder found applicant guilty underlying offense ii state rule matters facts discovered previously exercise due diligence decline adopt reading thus truncate requirements iv persuaded state dissent approach take contradicts precedents state invokes several cases denying review claims second successive applications petitioners avail prior opportunities present claims see wong doo antone dugger per curiam woodard hutchins per curiam delo stokes per curiam mccleskey zant cases state contends show magwood claim dismissed second successive raised raise claim first application none decisions applies phrase second successive application challenging new judgment therefore decisions cast light question today whether rules modified aedpa apply application challenging new judgment state misplaced reliance cases stems failure distinguish threshold inquiry whether application second successive subsequent inquiry whether claims successive application must dismissed dissent similarly errs interpreting phrase second successive reference longstanding doctrine governing abuse writ aedpa modifies principles creates new statutory rules rules apply second successive applications dissent contends reading renders aedpa inapplicable broad range abusive claims barred prior rules yet dissent fails cite case dismissed claim successive abusive petitioner raised application challenging new judgment dissent conclusion reading unmoor phrase successive textual historical underpinnings post unwarranted usage phrase second successive consistent reading review habeas precedents shows cases affirmatively define phrase second successive appears aedpa congress even apply phrase second successive applications filed state prisoners enacted aedpa phrase originally arose federal context see supp ii applied applications raising previously adjudicated claims see sanders interpreted law permit dismissal abusive claims distinguished successive claims see congress codified restrictions types claims still without using phrase second successive see supp iv providing rules governing applications filed state well federal prisoners aedpa incorporated phrase second successive light complex history phrase second successive must rely upon current text determine phrase applies rather precedents superseded statutory cases contradict approach one burton stewart per curiam comes close addressing threshold question whether application second successive challenges new judgment case confirms existence new judgment dispositive burton petitioner convicted sentenced state see successfully moved resentencing based vacatur unrelated prior conviction state appellate affirmed conviction remanded second resentencing ibid march trial entered amended judgment new sentence december state review new sentence still pending petitioner filed application challenging conviction district denied merits appeals affirmed denied certiorari ibid exhausting state sentencing appeal petitioner filed petition challenging sentence district denied relief merits appeals affirmed reversed holding petition challenging sentence dismissed unauthorized second successive application see rejected petitioner argument petitions challenged different judgments see although petitioner styled first petition challenge conviction second petition challenge sentence concluded attacked judgment sentence already place petitioner filed first application federal habeas relief see words judgment challenged application one challenged subsequent petition judgment pursuant petitioner detained ibid emphasis added expressly recognized case might different new judgment intervening two habeas petitions ibid judgment burton intervening judgment magwood first application challenging intervening judgment errors alleges new obvious us state dispute claim ineffective assistance resentencing turns upon new errors according state claim state made mistake disagree error made second time still new error especially clear state conducted full resentencing reviewed aggravating evidence afresh see sentencing tab mulating present judgment considered original record trial sentence present judgment sentence result complete new assessment evidence arguments counsel law emphasis added dissent concern rule allow petitioners bring abusive claims long victory pursuant prior federal habeas petition post greatly exaggerated petitioner may raise federal error failed raise properly state challenge judgment reflecting error petitioner satisfy procedural requirements bringing error state attention whether trial appellate habeas proceedings state law may require procedural default bar federal review see coleman thompson boerckel stating petitioner failure present three federal habeas claims state timely fashion resulted procedural default claims case state argued magwood procedurally defaulted claim failing raise properly collateral challenge judgment sought dismissal ground ruling magwood procedurally default claim district sua sponte consider whether barred leave ruling appeals review first instance underscore rules continue constrain review claims applications whether applications second successive ironically effort effectuate believe congress intent give unfair benefit habeas petitioners state dissent propose alternative rule close doors class habeas petitioners seeking review without clear indication congress intent castro many examples given one suffices illustrate point suppose petitioner files application raising meritorious claims challenging conviction district grants conditional writ based one without reaching remaining nine upon retrial state commits legal mistakes new errors new sentencing error magwood case application presenting claims based errors new judgment second successive rule advanced state dissent answer must yes claims dismissed see requiring dismissal claim presented prior application state attempts avoid procedural anomal castro supra suggesting treat nine unadjudicated claims part first application never adjudicated merits cf slack adjudicated claim espondents assume state judges follow instructions imposed federal courts federal courts consider petitioner claim state violated due process failing honor federal mandate brief respondents see need engage novel complex rationalizations aedpa text commands straightforward rule unlike burton new judgment intervening two habeas petitions application challenging resulting new judgment second successive state objects reading allow petitioner obtains conditional writ sentence file subsequent application challenging resulting new sentence also original undisturbed conviction state believes result follows sentence conviction form single judgment purposes habeas review case gives us occasion address question magwood attempted challenge underlying base conclusion text text altered consequences state speculates follow another reasons conclude magwood first application challenging new sentence judgment second successive appeals erred reading bar review claim magwood presented application address whether claim procedurally defaulted address magwood contention appeals erred rejecting claim addressing whether attorney objected federal law judgment appeals reversed case remanded proceedings consistent opinion ordered billy joe magwood petitioner tony patterson warden et al writ certiorari appeals eleventh circuit june justice breyer justice stevens justice sotomayor join concurring part concurring judgment join opinion exception part neither purports alter alter holding panetti quarterman see ante panetti declined interpret successive referring applications filed second successively time even later filings address judgment already challenged prior application emphasis added case contrast determine applies habeas petition first petition address new judgment already challenged prior application reasons provided first petition second successive course dissent correctly magwood challenging undisturbed judgment second time principles apply including panetti holding application containing claim petitioner fair opportunity raise first habeas petition second successive application post opinion kennedy contrary dissent assertion post decision today decision panetti fit comfortably together billy joe magwood petitioner tony patterson warden et al writ certiorari appeals eleventh circuit june justice kennedy chief justice justice ginsburg justice alito join dissenting today decides state prisoner succeeds first federal habeas petition discrete sentencing claim may later file second petition raising numerous previously unraised claims even petition abuse writ habeas corpus respectful submission reaches conclusion misreading precedents meaning phrase second successive antiterrorism effective death penalty act aedpa rewrites aedpa text refuses grapple logical consequences editorial judgment straightforward application principles articulated panetti quarterman consistent conclusions courts appeals considered issue dictates opposite result design purpose aedpa avoid abuses writ habeas corpus recognition potential writ intrusive effect state criminal justice systems today opinion considerable irony step back aedpa protection also step back even principles place aedpa respectful dissent becomes necessary absent two exceptions inapplicable relevant statutory provision aedpa provides claim presented second successive habeas corpus application section presented prior application shall dismissed question whether petitioner billy joe magwood filed second successive application raising claim second habeas petition available yet failed raise first petition term second successive habeas term art slack mcdaniel incorporates doctrine panetti today legal principle established decisions see ibid slack rule determine whether application second successive must look substance claim application raises decide whether petitioner full fair opportunity raise claim prior application panetti applying analytical framework puts applications one three categories first petitioner full fair opportunity raise claim prior application application seeks raise claim barred second successive consistent cases applying doctrine bar second successive applications see wong doo second application barred petitioner full opportunity offer proof claim first habeas application woodard hutchins powell concurring writing majority second application barred claims raised first petition delo stokes per curiam subsequent application barred claim raised first petition federal habeas corpus mccleskey zant explained petitioner abuse writ raising claim subsequent petition raised first regardless whether failure raise earlier stemmed deliberate choice see also habeas corpus rule instructing habeas petitioners specify grounds relief available state facts supporting ground schlup delo describing adoption habeas legislation judicial decision modified res judicata claim preclusion doctrine wright miller cooper federal practice procedure ed claim preclusion aspect res judicata doctrine bars matters raised prior litigation second petitioner fair opportunity raise claim prior application subsequent application raising claim second successive bar apply occur claim yet ripe time first petition see panetti supra alleged violation occurred denial first petition state failure grant prisoner parole required state law see hill alaska crouch norris cain respond concern see ante applicant second petition raises claim raised first petition district left unaddressed discretion second application second successive reraising previously unaddressed claim abusive definition believes examples principles unfairly close door state prisoners seeking federal habeas review one think able come example third mixed petition raising abusive nonabusive claims second successive circumstance petitioner obtain authorization appeals proceed nonabusive claims see see also moore et federal practice ed appeals makes determination district may consider nonabusive claims petitioner fair opportunity present first petition dismiss abusive claims see operation rule exemplified decision panetti panetti claim mentally incompetent executed ford wainwright become ripe denial first habeas petition ford claim became ripe panetti filed second habeas petition raising ford claim first time concluding second habeas petition second successive application explained second successive refe applications filed second successively time rather takes full meaning case law including decisions predating enactment aedpa relied aedpa purpose ing principles comity finality federalism quoting cockrell aversion empty formality requiring prisoners file unripe claims cases regarding doctrine panetti thus looked nature claim raised habeas petition determine application second successive ibid principles apply situation like present one petitioner first habeas proceeding succeeds obtaining conditional grant relief allows state correct error occurred original sentencing assume alleged correcting error new sentencing proceeding state duplicates different mistake also occurred first sentencing second application second successive respect claim alleged error raised first petition woodard opinion powell put another way principles petitioner loses right challenge error raising claim first opportunity claim becomes ripe hand petitioner raises claim second habeas petition raised earlier petition perhaps error occurred first time resentencing application raising claim second successive bar apply although authorities adequate show application case second successive must noted previous case dealt precise sequence events petitioner attempts bring previously unraised claim second resentencing proceeding followed grant federal habeas relief conclusion application barred second successive unless claim previously unavailable consistent approach every appeals considered issue although cases highlight subtleties relevant principles see pratt galtieri lang cases arose context federal prisoners challenges convictions sentences second successive bar applies motions see supp ii present case conclude magwood filed second successive habeas corpus application filed first federal habeas petition raising nine claims including trial improperly failed consider two mitigating factors imposed magwood death sentence district granted magwood petition ordered relief mitigating factor claim state trial held new sentencing proceeding considered mitigating factors reimposed death penalty magwood brought second habeas petition time raising argument raised first petition argument eligible death penalty fair notice crime rendered death eligible reason magwood raised identical argument first habeas petition magwood full fair opportunity adjudicate claim first petition petition raising claim barred second successive ii reaches opposite result creating exception second successive application bar respectful view makes two critical errors first errs rejecting panetti approach determining whether application second successive second imposes atextual exception bar second successive applications requiring application brought judgment second error underscored fact refuses deal logical implications newly created rule concludes aedpa refers second successive applications rather second successive claims nature claims raised second application irrelevant see ante lthough agree state many rules focus claims entitle us rewrite statute make phrase successive modify claims well incorrect explained panetti establishes deciding whether application second successive requires looking nature claim application raises determine whether petitioner full fair opportunity raise claim earlier petition indeed way panetti concluded application second successive look underlying claim application raised asserts calling panetti doubt see ante even attempt explain analysis consistent opinion cf panetti thomas dissenting aedpa enactment phrase successive meant thing today subsequent federal habeas application challenging judgment best said limiting new doctrine applicability previously unexhausted ford claims confining holding panetti facts case thomas dissenting today decision thus stands proposition ford claims somehow deserve special unjustified exemption statute plain import failing consider nature claim deciding whether application barred second successive raises difficulties consider habeas petition challenging alleged violation occurred entirely denial first petition example failure grant prisoner parole time promised state law unlawful withdrawal credits see supra rule appear habeas application challenging alleged violations barred second successive application challenging custody pursuant judgment result inconsistent principles might work suspension writ habeas corpus unmoored phrase second successive textual historical underpinnings creates new puzzle nature claim makes application second successive look finding reference point text searches aedpa different peg believes finds peg different provision district shall entertain application writ habeas corpus behalf person custody pursuant judgment state ground custody violation constitution laws treaties provision purport create prerequisites bar second successive applications accepted reading quoted language mere status requirement see hertz liebman federal habeas corpus practice procedure ed provision stands simple proposition petitioner must held pursuant judgment state able file petition first place reading also explains federal habeas petitions attack judgment pursuant petitioner held also duration sentence conditions sentence served including rules basis parole good time credits reading phrase pursuant judgment state limitation second successive application bar artificial amend read claim presented second successive habeas corpus application section presented prior application judgment shall dismissed says wholly glosses another significant problem atextual analysis relies upon notion error made second time still new error ante making statement mean one two different things first mean error logically encompassed reentered judgment new error criminal judgment generally includes conviction sentence see fed rule crim proc criminal judgment must set forth plea jury verdict findings adjudication sentence teague lane often stated criminal judgment necessarily includes sentence imposed upon defendant principle applies federal habeas context petitioner custody pursuant judgment person held custody pursuant sentence pursuant one judgment includes conviction sentence see burton stewart per curiam explaining aedpa statute limitations run judgment conviction sentence became final internal quotation marks omitted principle holding today allow challenger magwood position raise challenge guilt phase criminal judgment second application since new judgment consisting conviction sentence reentered errors apparently occurred anew illustration state trial reentered following judgment resentencing therefore ordered adjudged billy joe magwood guilty offense aggravated murder billy joe magwood sentenced death app pet cert mean magwood attorney dig anything occurred voir dire witnesses jury guilty verdict raise alleged errors first time second habeas application trial properly consider two mitigating factors magwood first sentencing proceeding second alternatively retreat even statutory text conclude parts reentered judgment open challenge way second habeas application magwood example argues challenge previously unraised errors made sentencing brief petitioner indeed magwood goes suggests even sentencing reopened case order leads trial revise defendant term supervised release adopting exception second successive application bar unclear error magwood raises new error magwood challenge death eligibility first habeas petition disputed get death penalty matter discretion trial properly weighed aggravating mitigating factors state trial conducted reweighing reason reconsider uncontested finding magwood death eligible hard see trial failure reconsider sua sponte previous finding new error failure reconsider various errors may taken place guilt phase new errors contends approach dictated panetti considerably undermine render superfluous ante exceptions allow petitioner bring claim second successive application based certain factual discoveries based new precedent applied retroactively seems saying applying panetti rule make exceptions superfluous claim satisfy exceptions necessarily satisfy general rule derived doctrine misconceives scope rule application second successive raises first time claim raised second petition raising claim raised prior petition even though strengthened new decision based upon newly discovered evidence still second successive thus subsequent application permitted qualified pertinent subsection exception fact approach limits relevance subsection exceptions theory second successive bar apply applications filed petitioners magwood situation thus subsection exceptions operation context iii approach disregards aedpa comity finality federalism panetti quoting newly created exception second successive application bar defendant succeeds even minor discrete issue relating sentencing able raise new sentencing claims second habeas petition based arguments failed raise first petition reexamination convictio first round habeas offends federalism comity offense increases state must defend conviction second subsequent habeas proceeding grounds even raised first petition mccleskey novel exception also allow petitioner reraise every argument sentence rejected federal courts first round federal habeas review respondents explain theory petitioner simply staple new cover page words petition attacking new judgment previously adjudicated petition brief respondents traditional res judicata principles apply federal habeas proceedings see salinger loisel force federal courts address twice thrice claims error state victims bear anew significant costs federal habeas corpus review mccleskey supra petitioner previously succeeded wholly different discrete possibly unrelated claim suggestion take long dispose claims already analyzed legal issues ante misses point reassurance cold comfort overworked state district attorneys waste time resources writing briefs analyzing dozens claims barred principles difficult motivate even dedicated professionals best work day day deal dispiriting task responding previously rejected otherwise abusive claims exactly mandating statute designed require opposite result analysis dissent sound hoped document ill effects opinion costs deficiencies better understood issue related one come new exception apply death penalty cases like present one newly raised claim appears arguably meritorious apply federal habeas petitions following prior successful petition death cases abusive claims permits wholly lack merit vein striking decision means subject federal habeas review henceforth receive less recognition finality interest federal government direct review federal criminal convictions see parker posner party use accident remand raise second appeal issue well raised first appeal remand affect approach also turns aedpa bar second successive applications ratchet favors habeas petitioners unless today decision read unduly limit panetti see supra aedpa still incorporates recognized exceptions doctrine allow petitioners bring previously unavailable unripe claims see ante breyer concurring part concurring judgment today holding aedpa modifie ante principles allows petitioners bring abusive claims long victory pursuant prior federal habeas petition thus reads aedpa creating new loophole habeas petitioners exploit challenge sentences based grounds previously neglected raise inconsistent understanding aedpa adds new restrictions successive petitions restricts availability relief habeas petitioners felker turpin magwood unsuccessful first petition agree claims available raised barred prevailed attack one part sentencing proceeding first time around rules free postsentencing pursue claims federal habeas review might raised earlier mistaken concluding congress enacting statute aimed placing new restrictions successive petitions intended irrational result magwood every chance raise claim first habeas petition abused writ raising claim first time second petition application therefore second successive affirm judgment appeals footnotes although refers habeas application use word petition interchangeably word application prior cases time murder alabama code provided jury finds defendant guilty shall fix punishment death defendant charged indictment following offenses aggravation must also averred indictment offenses included murder sheriff duty official act statute set forth list aggravating circumstances trial found none existed magwood case relevant kyzer away prior alabama rule aggravating component capital felony double aggravating factor supporting capital sentence kyzer defendant sentenced death intentional murder two human beings see crime murder defined aggravated serial nature magwood crime murder defined aggravated fact killed sheriff sheriff acts kyzer alabama ultimately remanded new trial order guide lower remand addressed whether aggravation charged crime see sufficient impose sentence death even without finding aggravating circumstance enumerated see ruled defendant convicted jury trial judge sentencing hearing may find aggravation averred indictment aggravating circumstance even though aggravation listed aggravating circumstance internal quotation marks omitted alabama criminal appeals subsequently affirmed denial magwood coram nobis petition see magwood state alabama denied magwood motion file appeal decision see ex parte magwood see code mitigating circumstances shall following capital felony committed defendant influence extreme mental emotional disturbance capacity defendant appreciate criminality conduct conform conduct requirements law substantially impaired jackson state alabama criminal appeals held kyzer supported death sentence defendant convicted offense committed kyzer decided resentenced decision treated magwood claim new free restrictions reversed merits possible objection alabama highest said kyzer aggravating factor used aggravating circumstance prepared require counsel raise argument already decided adversely client position state highest order avoid found ineffective slack mcdaniel applied law id suggest definition second successive different aedpa courts followed slack cases state agrees relevant question presented see brief respondents focus judgment accords current filing requirements see habeas corpus rule requiring petitioner ask relief judgment contested rule prescribing petitioner seeks relief judgments one state must file separate petition covering judgment judgments dissent recognizes phrase second successive applies application whole see post opinion kennedy departs significant ways statutory text see infra case require us determine whether applies every application filed prisoner custody pursuant judgment prisoner challenged judgment three times held otherwise see slack mcdaniel stewart panetti quarterman dissent claim reading calls one decisions panetti doubt see post unfounded question case whether first application challenging new sentence intervening judgment second successive whether application challenging judgment must always second successive dissent speculates issues far beyond question see post suggesting reading calls question precedents recognizing habeas petitions challenging denial credits parole address application challenging new judgment first time purport constrain scope previously defined cf walker roth none new claims raised first petition petitioner attempting challenge constitutionality proceeding obviously occurred filed obtained relief first habeas petition see supp md split proceedings current petition two stages stage determining whether claims procedurally defaulted stage ii considering merits claims procedurally defaulted magwood claims survived initial cut dissent concern petitioner may reraise every argument sentence rejected federal courts first round federal habeas review post similarly hyperbolic take long dispose claims already analyzed legal issues several courts appeals held petitioner succeeds first habeas application resentenced may challenge portion judgment arose result previous successful action lang citing decisions see also walker esposito case agree dissent reading gives windfall defendant succeeds even minor discrete issue post aedpa permits relief ground petitioner custody violation constitution laws treaties