June 18, 2010
Centre native Corey Maze receives award PRESS RELEASE Alabama Solicitor General Corey L. Maze has been
honored by the National Association of Attorneys General with a
"Best Brief Award" for 2010.
The award recognizes excellence in brief writing to the
United States Supreme Court and is judged by a panel of leading members of
the Supreme Court Bar. This is Maze’s second consecutive Best Brief
Award and marks the fifth time in the last six years that the Attorney General Troy King joined the association in
praising Maze’s brief in the capital case of
Billy Joe Magwood v. (Warden) Tony
Patterson. Magwood murdered Coffee County Sheriff Neil Grantham on
March 1, 1979 and was convicted and sentenced to death in 1981. Three days
before his scheduled 1983 execution, Magwood petitioned a federal court to
stay his death sentence and grant him a new sentencing hearing. In 1986, the
federal court granted Magwood’s request for a new sentencing hearing, and
Magwood was again sentenced to death later that year. For the past 13 years,
Magwood has challenged the re-imposed death sentence in the same federal
courts. The issue before the Supreme Court is whether, under federal law (“AEDPA”), Magwood was required to argue that he did not have “fair warning” that murdering a sheriff was a death-eligible offense in his first federal petition (1983), or whether Magwood could raise the fair warning claim in his second federal petition (1997), which challenged his re-imposed death sentence for the first time. Contending that Magwood was barred from raising the
previously available claim in his second petition, Maze argued in his brief
that “the door closed on Magwood’s fair-warning claim when his first
petition was adjudicated in 1986[.] AEDPA serves as the door’s
lock, not its key.”
Noting the decades-long appeals process in death penalty
cases, Maze argued to the Court that the optimal rule for defendants, the
state, and victims’ families is to give defendants, “one, but only one, full
and fair opportunity to litigate a claim” because, regardless of the outcome
in the first proceeding, “[e]ither way, the parties would have closure.”
Maze orally argued the Magwood case before the Supreme
Court on March 24, 2010. The Court will issue its decision later this
month. As solicitor general, Maze oversees the state’s appellate
litigation in state and federal courts. He is a 2003 graduate of the
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