Colbert v. Haynes, No. 19-71246 (9th Cir. 2020)Annotate this Case
The Ninth Circuit denied an application under 28 U.S.C. 2244(b) for leave to file a second or successive habeas corpus petition challenging the applicant's 2005 Washington state sentencing judgment.
The panel held that the habeas petition applicant seeks to file is a second or successive petition under Magwood v. Patterson, 561 U.S. 320 (2010), because removal of the victim-restitution condition from applicant's sentencing judgment did not create a new, intervening judgment under Washington law. Therefore, in order to proceed with his habeas petition, applicant must satisfy the requirements for filing a second or successive petition under section 2244(b)(2), which he cannot do. In this case, none of the arguments raise in the petition related to a new constitutional rule. Likewise, each of applicant's arguments raises a procedural error that, even if proven true, has no bearing on his guilt.