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King v. Morgan

On December 1, 2015, Bancroft secured a unanimous victory for petitioner/appellant DeLawrence King in the Sixth Circuit in King v. Morgan, 807 F.3d 154 (6th Cir. 2015). Serving as court-appointed counsel for Mr. King on a question that has divided the Courts of Appeals, Bancroft partner Erin E. Murphy successfully argued that the first habeas petition filed after a resentencing proceeding that results in entry of a new judgment is not second and successive, even if it raises challenges relating to an underlying undisturbed conviction.

Opinion

Donald Caster, Habeas Law: How to Count to Two, Sixth Circuit Blog (Dec. 1, 2015)