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Search Results for: retroactivity

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Smith v. Arizona and Retroactivity

August 14, 2024August 14, 2024 Phil Dixon

My colleagues have covered the retroactivity rules many times before on the blog but the analysis for determining the retroactivity of new federal rules has changed in the last few…

Categories Evidence Tags confrontation clause, Edwards v. Vannoy, new procedural rule, post-conviction, retroactivity, Smith v. Arizona, substitute analyst, Teague v. Lane
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Riley and Retroactivity

July 29, 2014 Jessica Smith

…to the exclusionary rule, an issue Jeff will address in a follow up post. But back to retroactivity. Retroactivity comes into play when the question is whether the new rule…

Categories Crimes and Elements, Procedure, Search and Seizure, Uncategorized Tags fourth amendment, retroactivity, Riley v. California, Rivens, teague, Zuniga 9 Comments

Gant, “Retroactivity,” and Retroactivity

October 18, 2017April 24, 2009 Jeff Welty

…in terms of “retroactivity,” it isn’t what courts talk about when they consider the retroactivity of new cases — true retroactivity is discussed in connection with question 3, below. 2….

Categories Search and Seizure, Uncategorized Tags gant, retroactivity, teague Leave a comment
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Retroactivity of Melendez-Diaz

December 31, 2015July 20, 2009 Jessica Smith

…begin to address that question in this post. I wrote about retroactivity of judge-made rules five years ago in a paper posted here. That paper sets out the general retroactivity…

Categories Evidence, Uncategorized Tags confrontation clause, crawford, melendez-diaz, retroactivity Leave a comment
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SCOTUS to Hear Argument in October about Miller Retroactivity

September 22, 2015 Jessica Smith

…jurisdiction to decide the retroactivity issue at all. If the Court decides that question in the negative, it won’t get to the retroactivity issue. Watch the blog or follow me…

Categories Sentencing, Uncategorized Tags LWOP, miller, retroactivity, Sentencing, supreme court, teague 1 Comment
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State v. Johnson and the Retroactivity of Gant

February 21, 2016June 3, 2010 Jessica Smith

…more detail in a paper here, retroactivity, as it applies to judge-made rules, is a term referring to a new rule of criminal procedure that applies to cases that became…

Categories Procedure, Search and Seizure, Uncategorized Tags gant, johnson, retroactivity, teague Leave a comment
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Retroactivity of Melendez-Diaz (Again)

October 18, 2017July 27, 2009 Jessica Smith

In my last post on this topic, I addressed the “new rule” prong of Teague retroactivity analysis as it applies to Melendez-Diaz. I ended that post by noting that another…

Categories Evidence, Procedure, Uncategorized Tags confrontation clause, melendez-diaz, retroactivity Leave a comment
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Miller Retroactivity: Where Are We?

February 27, 2016March 31, 2014 Jessica Smith

…cases. The question of retroactivity is whether the Miller rule applies to cases that became final before the decision was handed down. And that’s not just a theoretical question. After…

Categories Sentencing, Uncategorized Tags Eighth Amendment, miller, procedural, retroactivity, substantive, teague, watershed 4 Comments
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Is Kenton Retroactive?

October 16, 2017April 23, 2012 Jessica Smith

…the first question in the retroactivity analysis is this: Is Kenton a new rule? If a rule isn’t new there is no retroactivity issue because the rule doesn’t change existing…

Categories Uncategorized Tags DVPOs, kenton, retroactivity 1 Comment
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NC Court Takes a Restrictive View of “Significant Change in the Law” MARs

February 27, 2016August 19, 2013 Jessica Smith

…who has ever dabbled in federal retroactivity knows, the new rule analysis ain’t always easy! If you need information on that, you’re not without a resource—my paper on retroactivity noted…

Categories Crimes and Elements, Procedure, Uncategorized Tags MAR, motion for appropriate relief, retroactivity 1 Comment
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