Supreme Court to Decide Whether Death Penalty Appeal Was Filed Too Late

A convicted murderer who argues Alabama law didn’t allow his death sentence will get a U.S. Supreme Court hearing on whether his appeal was filed too late.

Inmate Billy Joe Magwood was convicted of killing a sheriff 30 years ago in front of the Coffee County jail, but there were no aggravating circumstances making him eligible for the death penalty under Alabama law, the New York Times reports. Magwood didn’t raise the issue until after he was sentenced to death a second time, in 1986.

Magwood didn’t raise the eligibility issue in his first round of appeals that led to his resentencing.

The state argues Magwood’s appeal is barred by the 1996 federal law, the Antiterrorism and Effective Death Penalty Act. Magwood claims his appeal isn’t barred because he is appealing his 1986 sentence, not his original death sentence.

The case is Magwood v. Culliver, SCOTUSblog reports.