Burton v. Stewart

In Burton v. Stewart, 549 U.S. 127 S.Ct. 793, 797, 166 L.Ed.2d 628 (2007), the petitioner filed a federal habeas petition challenging his convictions but not challenging his sentence, which was at that time still on review in the state courts. After the state courts rejected his sentencing claims, the petitioner filed a second federal habeas petition, this time challenging his sentence. The Ninth Circuit held that Burton's second petition was not "second or successive" under Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), "reasoning that because Burton had not exhausted his sentencing claims in state court when he filed the first petition, they were not ripe for federal habeas review at that time." Id., at 797. The Ninth Circuit found that the second petition was not foreclosed by AEDPA since the claim would not have been ripe if raised in the first petition. Ibid. The Supreme Court rejected the Ninth Circuit's view and held that AEDPA barred Burton's second petition.